UNITED  STATES  OF  AMERICA. 


DOCUMENTS 


EXHIBITING  THE 

CoiMtiim  anij  |UMotb, 


OF  THE 


PACIFIC  RAILROAD, 

OF  THE 


STATE  OF  MISSOURI. 


NEW  YORK: 

BAKER,  GODWIN  &  CO.,  PRINTERS, 

CORNER  NASSAU  AND  SPRUCE  STREETS. 

18  53. 

I 


jan  3  i  ‘22  Anell 


z%  r.  4 


CONTENTS 


>3 

c fi 


6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 
17 


List  of  Directors  and  Officers  of  the  Company, 

Original  Charter  and  Amendments  thereto,  .  •  *  , 

Act°of  Missouri  to  expedite  the  construction  of  the  Pacific  Railroa 

bv  a  loan  of  public  credit,  •  •  •  *  .  * 

Act  of  Congress  donating  lands  to  the  State  ofMissouri,  to  a.d  in 
the  construction  of  certain  Railroads,  .  • 

Act  of  the  State  of  Missouri,  applying  a  portion  of  the  land-gran 

to  the  Pacific  Railroad,  . 

Acceptance  of  the  grant  by  the  Company, 

Acknowledgment  of  Secretary  of  State, 

Financial  Plan, 

Form  of  mortgage,  .  •  •  *  * 

Extracts  from  the  Annual  Report  of  the  Board  of  Directors,  . 
Engineer’s  estimate  of  cost  of  road,  probable  business,  with  sta¬ 
tistical  tables,  &c., 

Extracts  from  the  U.  S.  Census, 

Form  of  State  Bonds  issued  to  the  Company, 

Form  of  Company’s  Bonds, 

Resolution  authorising  thePresident  to  make  a  loan, 

Map  shewing  locality  and  relations  of  the  road. 

Explanation  of  the  Map, 


4 

5 

18 

22 

24 

30 

31 

32 
37 
46 

51 

62 

71 

72 
74 


fro 


Y  45580 


DIRECTORS  AND  OFFICERS 


OF 

THE  PACIFIC  RAILROAD 

FOR  1  8  5  3. 


DIRECTORS . 

HUDSON  E.  BRIDGE,  of  St.  Louis. 
JAMES  E.  YE  ATM  AN, 

JOHN  C.  RUST, 

THOMAS  ALLEN, 

HENRY  L.  PATTERSON, 

EDWARD  WALSH, 

DANIEL  D.  PAGE, 

D.  A.  JANUARY, 

J.  B.  BRANT, 

JAMES  HARRISON, 

ALBAN  H.  GLASBY, 

LUTHER  M.  KENNETT, 

R.  S.  ELLIOT. 


OFFIC  ERS. 

THOMAS  ALLEN, 

PRESIDENT. 

L.  M.  KENNETT, 

VICE  PRESIDENT. 


SAMUEL  COPP,  Jun. 

SECRETARY  AND  TREASURER. 

F.  L.  BILLON,  Auditor. 
THOMAS  S.  O’SULLIVAN 


ENGINEER  in  chief 


UNITED  STATES  OE  AMERICA. 


PACIFIC  RAILROAD  COMPANY  OF  THE  STATE 
OF  MISSOURI. 


CHARTER. 


AN  ACT  TO  INCORPORATE  THE  PACIFIC  RAILROAD 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri  as 
follows  : 

Sec.  1.  A  company  is  hereby  incorporated,  called  the  Pacific  Rail¬ 
road,  the  capital  stock  of  which  shall  be  ten  millions  of  dollars,  to  be  di¬ 
vided  into  shares  of  one  hundred  dollars  each  ;  the  holders  of  which,  their 
successors  and  assigns,  shall  constitute  a  body  corporate  and  politic,  and 
by  the  name  aforesaid,  shall  have  continued  succession,  may  sue  and  be 
sued,  plead  and  be  impleaded,  defend  and  be  defended  against,  and  may 
make  and  use  a  common  seal,  and  shall  be  able,  in  law  and  equity,  to 
make  contracts ;  may  take,  hold,  use,  possess,  and  enjoy  the  fee  simple  or 
other  title  in  and  to  any  real  estate,  and  may  sell  and  dispose  of  the  same ; 
may  make  by-laws,  rules  and  regulations  proper  for  carrying  into  effect 
the  provisions  of  this  act,  not  repugnant  to  the  constitution  or  laws  of  the 
United  States,  or  of  this  State,  and  shall  have  the  usual  and  necessary 
powers  of  companies  for  such  purposes. 

Sec.  2.  John  O’Fallen,  Louis  V.  Bogy,  James  H.  Lucas,  Edward 
Walsh,  George  Collier,  Thomas  B.  Hudson,  Daniel  D.  Page,  Henry  M. 
Shreve,  James  E.  Yeatman,  John  B.  Sarpy,  Wayman  Crow,  Joshua  B. 
Brant,  Thomas  Allen,  Robert  Campbell,  Pierre  Chouteau,  jr.,  Henry  Shaw, 
Bernard  Pratte,  Ernest  Anglerodt,  Adolphus  Meier,  Louis  A.  Benoist,  and 
Adam  L.  Mills,  or  any  nine  of  them,  shall  constitute  the  first  Board  of 


6 


Directors  under  this  act,  and  shall  hold  their  offices  until  their  successors 
shall  be  qualified.  They  shall  meet  at  such  time  and  place  as  shall  be 
designated  by  any  three  of  them,  and  organize  as  a  Board  of  Directors, 
and  when  organized  they  shall  cause  books  to  be  opened  for  the  subscrip¬ 
tion  of  the  capital  stock  of  said  company,  at  such  times  and  places  as  they 
may  designate  under  the  supervision  of  such  persons  as  they  may  appoint, 
and  may  continue  them  open  so  long  as  they  may  deem  proper,  and  may 
re-open  such  books,  when  necessary,  until  the  whole  stock  shall  be  sub¬ 
scribed. 

Sec.  3.  So  soon  as  two  thousand  shares  shall  be  subscribed,  the  Di¬ 
rectors  shall  cause  an  election  to  be  held  for  nine  Directors,  at  such  time 
and  place  as  they  may  appoint,  and  give  notice  of  it  in  two  or  more  pub¬ 
lic  newspapers. 

Sec.  4.  [Amended.  See  Sec.  1  of  amendments.] 

Sec.  5.  The  Directors  shall  appoint  agents,  clerks,  engineers,  superin¬ 
tendents,  and  other  officers  and  servants  for  said  company ;  shall  keep  a 
journal  of  their  proceedings ;  shall  cause  correct  books  and  accounts  to  be 
kept ;  they  may  determine  by  by-laws  what  number  of  Directors  shall 
constitute  a  quorum,  and  may  appoint  committees  and  fill  all  vacancies  in 
any  office  under  said  company ;  they  shall  fix  the  salaries  of  the  President, 
and  the  officers  and  agents ;  but  no  Director  shall  receive  any  compensa¬ 
tion  for  his  services  as  such.  They  may  take  security  from  their  officers 
and  agents,  and  may  adopt  such  measures  and  do  such  acts  as  will  be 
best  calculated  to  promote  the  prosperity  and  usefulness  of  said  company. 

Sec.  6.  The  Directors  shall  make  and  advertise  calls  for  the  payment 
of  the  capital  stock,  at  such  times  and  in  such  manner  as  they  may  deem 
proper,  and  if  any  stockholder  shall  fail  to  pay  any  such  requisition  within 
ten  days  after  the  time  appointed,  the  said  company  may  recover  the  same 
with  interest,  and  if  not  collected  may  declare  the  stock  forfeited  and  sell 
the  same ;  and  no  delinquent  stockholder  shall  vote  in  said  company. 

Sec.  7.  [Amended.  See  Sec.  9  of  amendments.] 

Sec.  8.  Said  company  may  take  voluntary  relinquishments  of  the  right 
of  way  for  said  road,  and  the  necessary  depots  and  water  stations ;  and  if 
the  land  through  which  such  road  shall  pass,  shall  belong  to  minors,  in 
whole  or  in  part,  the  guardian  or  curator  of  such  minor  shall  have  power 
to  convey  to  said  company  so  much  of  the  land  as  may  be  necessary  for 
the  purpose  aforesaid,  on  fair  and  equitable  terms  ;  but  every  such  convey¬ 
ance  by  a  guardian  shall  be  subject  to  the  approval  or  rejection  of  the 
Probate  or  County  Court  in  which  such  guardianship  is  pending. 

Sec.  9.  If  any  owner  of  any  tract  of  land  through  which  said  railroad 


7 


shall  pass,  shall  refuse  to  relinquish  the  right  of  way  for  said  road  to  said 
company,  or  if  the  owners  be  infants,  or  persons  of  unsound  mind,  or  non¬ 
residents  of  the  State,  the  facts  of  the  case  shall  be  specifically  stated  to 
the  judge  of  the  Circuit  Court  of  the  county  in  which  such  lands  are  sit¬ 
uated,  and  said  judge  shall  appoint  three  disinterested  citizens  of  the 
county  to  view  said  lands,  who  shall  take  into  consideration  the  value  of 
the  land  and  the  advantages  and  disadvantages  of  the  road  to  the  same, 
and  shall  report  under  oath  what  damages  will  be  done  to  said  land,  or 
any  improvement  thereon,  stating  the  amount  of  the  damages  assessed, 
and  shall  return  a  plat  of  the  land  thus  condemned.  Notice  of  such  ap¬ 
plication  to  a  judge  shall  be  given  to  the  owner  of  such  land  five  days 
before  the  making  of  the  application,  if  such  owner  reside  in  the  State,  or 
to  his  guardian ;  and  if  such  owner  be  a  non-resident  of  this  State,  he 
may  be  served  with  actual  notice,  or  by  an  advertisement  for  four  weeks 
in  some  public  newspaper. 

Sec.  10.  The  persons  appointed  to  view  and  value  such  lands,  shall 
file  their  report  and  plat  in  the  office  of  the  Clerk  of  the  Circuit  Court  of 
the  county  in  which  the  land,  or  a  part  thereof,  is  situated ;  and  if  no 
valid  objections  be  made  to  said  report,  the  Court  shall  enter  judgment  in 
favor  of  such  owner,  against  such  company,  for  the  amount  of  damages 
assessed,  and  shall  make  an  order  vesting  in  said  company  the  fee  simple 
title  of  the  land  in  such  plat  and  report  described.  Objections  to  such 
report  must  be  filed  within  ten  days  after  the  same  shall  be  filed — which 
objections  shall  be  examined  by  said  judge,  in  term  time  or  vacation ;  and 
he  may  hear  testimony,  and  by  judgment  confirm  said  report,  or  may  set 
the  same  aside  and  appoint  three  other  viewers,  who  shall  proceed  in  the 
same  manner,  and  make  their  report,  until  a  report  shall  be  confirmed. 
In  all  such  cases,  the  Court  shall  adjudge  the  costs  of  the  proceedings  ac¬ 
cording  to  equity,  and  the  said  Court  shall  have  power  to  make  such  or¬ 
ders  and  take  such  other  steps  as  will  promote  the  ends  of  justice  between 
the  owners  of  such  lands  and  said  company. 

Sec.  11.  Said  company  may  build  said  road  along  or  across  any  State 
or  county  road,  or  the  streets  or  wharves  of  any  town  or  city,  and  over 
any  stream  or  highway ;  but  whenever  said  railroad  shall  cross  any  State 
or  county  road,  said  company  shall  keep  good  and  sufficient  causeways  or 
other  adequate  facilities  for  crossing  the  same  ;  and  said  railroad  shall  not 
be  so  constructed  as  to  prevent  the  public  from  using  any  road,  street  or 
highway  along  or  across  which  it  may  pass ;  and  when  said  railroad  shall 
be  built  across  any  navigable  stream,  said  company  shall  erect  a  bridge 
sufficiently  high  on  which  to  cross,  or  shall  construct  a  draw-bridge,  so  that 


8 


in  no  case  shall  the  free  navigation  of  such  stream  be  obstructed.  When 
any  persons  shall  own  lands  on  both  sides  of  said  road,  said  company  shall, 
when  required  so  to  do,  make  and  keep  in  good  repair  one  causeway  or 
other  adequate  means  of  crossing  the  same. 

Sec.  12.  Said  company  shall  commence  the  construction  of  said  road 
within  seven  years,  and  shall  complete  the  same  within  ten  years  there¬ 
after  ;  and  said  company  shall  have  general  power  to  use,  manage,  control, 
and  enjoy  said  railroad ;  shall  determine  what  kind  of  carriage  shall  be 
used  thereon,  and  by  whom  and  in  what  manner,  and  shall  determine  the 
terms,  conditions,  and  manner  in  which  merchandise,  property  and  passen¬ 
gers  shall  be  transported  thereon ;  and  shall  have  power  to  construct  and 
keep  such  turn-outs,  gates  and  bridges,  culverts,  toll-houses,  depots,  ware¬ 
houses,  causeways  and  other  buildings,  machinery  and  fixtures,  as  may  be 
necessary ;  said  company  may  receive  such  tolls  and  freights  as  may  be 
determined  on  by  the  Directors,  and  shall  keep  posted  up  statements  of 
the  rates  of  toll  and  freight  to  be  charged. 

Sec.  13.  [Amended.  See  Sec.  10  of  amendments.] 

Sec.  14.  It  shall  be  lawful  for  the  County  Court  of  any  county  in 
which  any  part  of  the  route  of  said  railroad  may  be,  to  subscribe  to  the 
stock  of  said  company,  and  it  may  invest  its  funds  in  the  stock  of  said 
company,  and  issue  the  bonds  of  such  county  to  raise  funds  to  pay 
the  stock  thus  subscribed,  and  to  take  proper  steps  to  protect  the 
interests  and  credit  of  the  county ;  such  County  Court  may  appoint  an 
agent  to  represent  the  county,  vote  for  it  and  receive  its  dividends ;  any 
incorporated  city,  town,  or  incorporated  company,  may  subscribe  to  the 
stock  of  said  railroad  company,  and  appoint  an  agent  to  represent  its  inter¬ 
ests,  give  its  vote,  and  receive  its  dividends,  and  may  take  proper  steps  to 
guard  and  protect  the  interests  of  such  city,  town  or  corporation. 

Sec.  15.  At  every  annual  meeting  of  said  company,  the  Directors  shall 
make  to  the  stockholders  an  exhibit  of  the  affairs  and  condition  of  the 
company  One-seventh  part  in  interest  of  all  the  stockholders  may  call 
a  meeting,  by  giving  four  weeks’  notice  in  two  public  newspapers. — 
[Amended.  See  Sec.  2  of  amendments.] 

Sec.  16.  When  said  road  shall  be  completed,  the  company  shall  file  a 
plat  thereof  in  the  office  of  the  Secretary  of  State ;  and  the  Legislature 
may  at  any  time  require  a  statement  from  the  company  as  to  the  progress 
of  the  work,  the  amount  of  business,  and  the  receipts  of  the  company  ;  and 
the  books  and  accounts  of  said  company  may,  at  any  time,  be  investigated 
by  a  committee  appointed  by  the  General  Assembly. 

Sec.  17.  Said  company  shall  keep  a  fair  record  of  the  whole  expense  of 
constructing  said  road ;  and  at  the  end  of  fifty  years  the  State  shall  be  at 


9 


liberty  to  purchase  said  road,  by  paying  to  said  company  the  amount  at 
which  it  shall  be  valued  by  persons  to  be  mutually  chosen  by  the  State 
and  by  said  company ;  but  two  years’  notice  shall  be  given  to  said  company 
of  the  intention  of  the  State  to  purchase  the  railroad. 

Sec.  18.  When  any  person  shall  cease  to  be  a  stockholder,  he  shall 
cease  to  be  a  member  of  said  company. 

Sec.  19.  [Amended.  See  Sec.  16  of  amendments.] 

Sec.  20.  The  operations  of  said  company  shall  be  confined  to  the  gen¬ 
eral  business  of  locating,  constructing,  managing  and  using  said  railroad, 
and  the  acts  necessary  or  proper  to  carry  the  same  into  complete  and  suc¬ 
cessful  operation. 

This  act  shall  take  effect  from  its  passage. 

Approved  March  12th,  1849. 


AMENDMENTS,  ETC. 


AN  ACT 

To  amend  the  act  entitled  “  An  act  to  Incorporate  the  Pacific  Railroad.’’ 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as 
follows : 

Sec.  1.  Section  fourth  of  the  act  entitled  “  an  act  to  incorporate  the 
Pacific  Railroad,”  is  hereby  amended  so  as  to  read  as  follows :  Sec.  4. 
The  stockholders  of  said  company  shall  meet  on  the  last  Monday  of 
March  in  each  year,  at  such  place  in  this  State  as  may  be  designated  by 
the  by-laws  of  the  company,  of  which  at  least  twenty  days’  previous  notice 
shall  be  given  in  two  or  more  newspapers  published  in  the  city  of  St. 
Louis,  and  elsewhere  if  the  Board  of  Directors  see  fit,  and  choose  by  bal¬ 
lot,  by  a  majority  of  votes  present,  to  be  given  in  person  or  by  proxy, 
thirteen  directors,  all  of  whom  shall  be  citizens  and  residents  of  this  State, 
and  shall  be  owners  respectively  of  at  least  ten  shares  in  the  stock  of  said 
company,  and  qualified  to  vote  for  directors  at  the  election,  at  which  they 
shall  respectively  be  chosen.  The  said  directors,  and  those  thereafter  to 
be  chosen  in  pursuance  of  the  provisions  of  this  act,  at  their  first  meeting, 
shall  choose,  by  ballot,  one  of  their  own  number  as  President  of  said  com¬ 
pany  ;  and  the  said  President  and  Directors  shall  conduct  and  manage 
the  affairs  and  business  of  said  company,  until  the  last  Monday  of  March 
then  next  ensuing,  and  until  others  are  chosen,  and  may  make  and  estab¬ 
lish  such  by-laws,  rules,  orders  and  regulations,  not  inconsistent  with  law, 
as  to  them  may  seem  needful. 

Sec.  2.  At  every  annual  meeting  the  said  stockholders  shall  have 
power  to  make,  alter  or  repeal,  by  a  majority  of  the  votes  given,  any  or 
all  such  by-laws,  rules,  orders  and  regulations  as  aforesaid,  and  do  and 
perform  every  other  corporate  act  authorized  by  their  charter.  The 
stockholders  may  meet  at  such  other  times  and  places  as  they  may  be 
summoned  by  the  President  and  Directors,  in  such  manner  and  form,  and 
giving  such  notice  as  may  be  prescribed  by  the  by-laws,  and  the  Presi- 


11 


dent,  at  the  request,  in  writing,  of  any  number  of  stockholders,  represent¬ 
ing  not  less  than  one-seventh  in  number  and  interest,  shall  call  a  special 
meeting,  giving  the  like  notice,  and  stating  specifically  the  objects  of  such 
meeting;  and  the  objects  stated  in  such  notice,  and  no  other,  shall  be 
acted  upon  at  such  meeting  ;  nor  shall  any  business  be  transacted  at  any 
such  special  meeting,  unless  a  majority  of  the  stock  shall  be  there  repre¬ 
sented  ;  but  the  meeting  may  adjourn  from  day  to  day,  or  until  such 
times  as  a  majority  in  interest  shall  be  present.  So  much  of  section  fif¬ 
teen  of  the  said  act  as  is  inconsistent  with  the  provisions  of  this  section  is 
hereby  repealed. 

Sec.  3.  The  election  for  Directors  shall  be  conducted  in  the  following 
manner ;  that  is  to  say,  the  Directors  for  the  time  being  shall  appoint 
three  stockholders,  being  neither  Directors  nor  candidates,  to  be  judges  of 
the'said  election ;  and  the  persons  so  appointed  shall  respectively  take  and 
subscribe  an  oath  or  affirmation  before  a  Justice  of  the  Peace,  well  and 
truly,  according  to  law,  to  conduct  such  election  to  the  best  of  their 
knowledge  and  ability ;  and  the  judges  shall  decide  upon  the  qualifica¬ 
tions  of  voters,  and  when  the  election  is  closer),  shall  count  the  votes,  and 
declare  who  have  been  elected  ;  and  if  it  shall  at  any  time  happen  that 
an  election  of  Directors  shall  not  be  made  at  the  time  specified,  the  cor¬ 
poration  shall  not  for  that  reason  be  dissolved,  but  it  shall  be  lawful  to 
hold  and  make  such  election  of  Directors  on  any  day  thereafter,  by  giving 
at  least  ten  days  previous  notice  of  the  time  and  place  of  holding  said 
election,  in  the  newspapers  aforesaid ;  and  the  Directors  of  the  preceding 
year  shall,  in  that  case,  continue  in  office,  and  be  invested  with  all  the 
powers  belonging  to  them  as  such  until  others  are  elected  in  their  stead. 
In  case  of  the  death,  resignation,  or  removal  from  this  State  of  a  Direc¬ 
tor,  or  a  failure  to  elect  in  case  of  a  tie  vote,  or  in  case  any  one  of  them 
ceases  to  be  qualified  to  act  as  a  Director,  the  vacancy  may  be  filled  by 
the  Board  of  Directors.  At  all  general  meetings  or  elections  by  the 
stockholders,  each  share  of  stock  under  the  number  of  twenty  shall  entitle 
the  holder  thereof  to  one  vote,  and  each  stockholder  holding  over  twenty 
shares  shall  have  one  vote  for  every  two  shares  exceeding  twenty,  and  not 
exceeding  two  hundred,  and  one  vote  for  every  five  shares  exceeding  two 
and  not  exceeding  five  hundred,  and  one  vote  for  every  ten  shares,  exceed¬ 
ing  five  hundred ;  and  each  ballot  shall  have  endorsed  thereon  the  num¬ 
ber  of  shares  therein  represented ;  but  no  person  or  party  (females,  sick 
persons  and  absentees  from  the  county  excepted),  residing  within  ten 
miles  of  the  place  appointed  for  any  such  election  or  general  meeting? 
shall  be  entitled  to  vote  by  proxy ;  nor  shall  any  proxy  be  received,  nor 


12 


entitle  the  holder  thereof  to  vote,  unless  the  same  be  duly  dated  and  ex¬ 
ecuted  within  twelve  months  next  preceding  such  election  or  general 
meeting ;  and  every  such  proxy  received  and  voted  upon  as  aforesaid, 
shall  be  retained  and  filed  amongst  the  papers  of  the  company  until  after 
the  next  annual  election  or  general  meeting,  subject  to  the  inspection  or 
examination  of  any  stockholder  who  may  desire  it. 

Sec.  4.  None  of  the  provisions  of  the  first  article  of  the  act  entitled 
“An  act  concerning  corporations,”  shall  apply  to  the  Pacific  Railroad 
Company,  except  sections  four,  five,  six,  seventeen,  and  twenty-three  of 
the  said  act.  Each  stockholder  of  the  said  company  shall  be  individually 
liable  to  the  creditors  of  the  company  to  an  amount  equal  to  the  amount 
unpaid  on  the  stock  held  by  him,  for  all  the  debts  and  liabilities  of  the 
company,  until  the  whole  amount  of  the  capital  stock  so  held  by  him, 
shall  have  been  paid  to  the  company. 

Sec.  5.  The  said  company  shall  have  power  by  themselves  or  agents, 
to  enter  and  take  from  any  land  in  the  neighborhood  of  the  line  of  their 
railroad, «earth,  gravel,  stone,  wood,  water,  or  other  materials  necessary  for 
the  construction  and  operation  of  said  road,  and,  for  the  purpose  of  pro¬ 
curing  water  for  their  uses,  may  lay  pipes,  erect  pumps,  dams,  and  reser¬ 
voirs,  and  maintain  and  keep  the  same  in  repair,  paying,  if  the  owner  of 
said  lands  and  the  company  can  agree,  the  damages  they  shall  do  to  said 
land  or  appurtenances ;  or  if  they  cannot  agree,  the  damages  shall  be  ascer¬ 
tained  by  any  three  impartial  and  disinterested  freeholders,  who,  being  ap¬ 
pointed  for  that  purpose  by  any  Justice  of  the  Peace,  thereto  required  by 
either  of  the  parties,  shall  be  sworn  by  him,  and  shall  then  ascertain  the 
compensation,  upon  their  own  view  of  the  grounds,  and  of  the  wood, 
earth,  stone,  or  gravel,  which  may  have  been  taken  therefrom,  and  the 
injury  done  in  taking  them  :  Provided ,  however,  that  it  shall  be  the  duty 
of  the  party  making  the  application,  to  show  the  Justice  of  the  Peace  that 
ten  days’  previous  notice  of  the  time  of  making  the  same  has  been  given 
to  the  other  party,  or  to  some  one  of  them ;  and  no  award  which  may  be 
given  under  any  appointment  without  such  notice,  shall  be  obligatory  or 
binding  on  the  other  party ;  and  either  party  not  satisfied  with  the  award, 
may  appeal  to  the  Court  of  the  county  in  which  such  land  may  lie,  which 
may,  at  its  discretion,  confirm  the  said  award  and  enter  it  on  record ;  or, 
as  often  as  they  may  deem  it  necessary,  may  supersede  the  said  viewers, 
or  any  of  them,  appoint  others  in  their  stead,  and  direct  another  view 
and  award  to  be  made  in  the  manner  aforesaid.  If  any  Justice  of  the 
Peace,  or  any  freeholder,  shall  refuse  or  neglect  to  perform  the  duties 
assigned  to  them  respectively,  as  prescribed  in  this  section,  upon  being 


13 


thereto  required  by  either  party  as  aforesaid,  such  Justice  or  freeholder 
shall  forfeit  and  pay  to  the  party  making  the  application,  a  sum  not  ex¬ 
ceeding  twenty-five  dollars,  to  be  recovered  before  any  Justice  of  the 
Peace  for  the  county  of  which  he  is  an  inhabitant ;  and  shall,  more¬ 
over,  be  liable  to  the  action  of  the  party  aggrieved. 

Sec.  6.  The  capital  stock,  together  with  all  the  machines,  wagons,  cars, 
engines  or  carriages,  belonging  to  the  company,  together  with  all  their 
works  and  other  property,  and  all  profits  which  shall  arise  from  the  same, 
shall  be  vested  in  the  respective  shareholders  of  the  company  forever,  in 
proportion  to  their  respective  shares ;  and  the  same  shall  be  deemed  per¬ 
sonal  estate,  and  shall  be  exempt  from  any  public  charge  or  tax  whatso¬ 
ever  for  the  period  of  five  years  from  the  passage  of  this  act. 

Sec.  7.  The  said  company  shall  have  power,  from  time  to  time,  to 
borrow  such  sums  of  money  as  may  be  necessary,  subject  to  the  prior  lien 
of  the  State,  for  completing  and  finishing  or  operating  their  railroad,  and 
to  issue  and  dispose  of  their  bonds  for  any  amount  so  borrowed,  not  ex¬ 
ceeding  their  unsubscribed  capital,  and  to  mortgage,  if  necessary,  their 
corporate  property  and  franchises,  or  any  part  thereof,  to  secure  the  pay¬ 
ment  of  any  debt  contracted  by  the  company  for  the  purposes  aforesaid ; 
and  the  Directors  of  the  company  may  confer  on  any  holder  of  any  bonds 
issued  for  money  borrowed  as  aforesaid,  the  right  to  convert  the  principal 
due  or  owing  thereon,  into  stock  of  said  company,  at  any  time  not  exceed¬ 
ing  ten  years  from  the  date  of  the  bond,  under  such  regulations  as  the  Di¬ 
rectors  may  see  fit  to  adopt. 

Sec.  8.  When  payment  for  the  stock  of  any  subscriber  or  stockholder 
shall  be  fully  made,  the  President  and  Directors  shall  deliver  one  or  more 
certificates  of  such  stock,  signed  by  the  President  and  countersigned  by  the 
Treasurer,  under  the  seal  of  the  company,  to  such  subscriber  or  stock¬ 
holder,  for  the  number  of  shares  belonging  to  him  or  her,  which  certificates 
shall  be  transferable  in  a  book  to  be  kept  for  that  purpose  by  the  com¬ 
pany  ;  and  when  transferred,  shall  be  delivered  up  to  the  President  and 
Directors  and  be  canceled,  and  new  certificates  be  issued  to  the  assignee. 
All  assignments  of  shares  partially  paid  in  shall  be  entered  on  the  books  of 
the  company  ;  but  such  assignment  shall  in  no  wise  exempt  the  assignor 
or  his  representatives  from  liability  for  the  payment  of  all  sums  due,  or  to 
become  due,  upon  the  stock  assigned  by  him,  if  the  assignee  or  his  repre¬ 
sentatives  shall  fail  to  pay  the  same. 

Sec.  9.  The  seventh  section  of  the  act  of  which  this  is  amendatory,  is 
hereby  amended  so  as  to  read  as  follows :  Sec.  7.  Said  company  shall 
have  full  power  to  survey,  mark  out,  locate  and  construct  a  railroad  from 


14 


the  Mississippi  river,  or  any  other  point  in  the  city  of  St.  Louis,  on  any 
route  the  said  company  may  deem  most  advantageous,  to  any  point  on  the 
western  line  of  the  State  which  the  said  company  may  select ;  and  for  that 
purpose  may  hold  a  strip  of  land  not  exceeding  one  hundred  feet  wide, 
except  where  it  may  be  necessary  for  turn-outs,  embankments  or  excava¬ 
tions,  in  which  case  they  may  hold  a  sufficient  width  for  the  preservation 
of  their ;  road  and  may  also  hold  sufficient  land  for  the  erection  and  main¬ 
tenance  of  depots,  landing  places  or  wharves,  engine  houses,  offices,  machine 
shops,  warehouses,  and  wood  and  water  stations ;  and  the  said  company 
may  construct  lateral  or  branch  railroads  to  any.  point  or  points  in  this 
State  not  exceeding  fifty  miles  from  their  main  line. 

Sec.  10.  Section  thirteen  of  the  said  act  to  incorporate  the  Pacific 

Railroad,  is  hereby  amended  so  as  to  read  as  follows:  Sec.  13.  Dividends 

of  so  much  of  the  profits  of  said  company  as  shall  appear  advisable  to  the 

Directors,  shall  be  declared  semi-annually,  and  be  paid  to  the  stockholders 

or  their  legal  representatives,  on  application  at  the  office  of  said  company, 

at  any  time  after  the  expiration  of  ten  days  from  the  time  of  declaring  the 

same :  but  the  dividends  shall  in  no  case  exceed  the  amount  of  the  net 
7  # 

profits  actually  acquired  by  the  company,  so  that  the  capital  stock  shall 
never  be  impaired  thereby ;  and  if  the  said  Directors  shall  make  any  divi¬ 
dend  which  shall  impair  the  capital  stock  of  the  company,  the  Directors 
consenting  thereto,  shall  be  liable  in  their  individual  capacities  to  the  said 
company  for  the  amount  of  capital  stock  so  divided,  and  each  Director 
present  when  such  dividends  shall  be  declared  shall  be  considered  as  con¬ 
senting  thereto,  unless  he  immediately  enter  his  protest  on  the  minutes  of 
the  Board,  and  give  public  notice  to  the  stockholders,  of  the  declaring  of 
such  dividends. 

Sec.  11.  The  said  corporation  shall  make  an  annual  report  to  the 
Secretary  of  State,  of  the  operations  of  the  year,  ending  on  the  first  day  of 
December,  which  report  shall  be  verified  by  the  oaths  of  the  Treasurer  and 
acting  superintendent  of  operations,  and  filed  in  his  office  by  the  twentieth 
of  December,  in  each  year,  and  shall  state — 

1.  The  capital  stock,  and  the  amount  actually  paid  in. 

2.  The  amount  expended  for  the  purchase  of  land,  for  the  con¬ 
struction  of  the  road,  for  buildings,  and  for  engines  and  cars 
respectively. 

3.  The  amount  and  nature  of  its  indebtedness,  and  the  amount 

due  the  corporation. 

4.  The  amount  received  for  the  transportation  of  passengers,  of 
property,  of  the  mails,  and  from  all  other  sources. 


15 


5.  The  amount  of  freight,  specifying  the  quantity  in  tons,  of  the 
products  of  the  forests,  of  animals,  of  vegetable  food,  other 
agricultural  products,  manufactures,  merchandise,  and  other 
articles. 

6.  The  amount  paid  out  for  repairs,  engines,  cars,  and  buildings. 

7.  The  number  and  amount  of  dividends,  and  when  made. 

8.  The  number  of  engine  houses  and  shops ;  of  engines  and  cars, 
and  their  character. 

9.  The  number  of  miles  run  by  passenger,  freight  and  other  trains 
respectively. 

10.  The  number  of  men  employed,  and  their  occupations. 

11.  The  number  of  persons  injured  in  life  or  limb,  and  the  cause 
of  such  injuries. 

12.  Whether  any  accidents  have  arisen  from  carelessness  or  negli¬ 
gence  of  any  person  in  the  employment  of  the  corporation, 
and  whether  such  person  is  retained  in  the  service  of  the  cor¬ 
poration. 

Sec.  12.  If  any  passenger  shall  refuse  to  pay  his  fare  or  toll,  it  shall 
be  lawful  for  the  conductor  of  the  train,  and  other  servants  of  the  corpora¬ 
tion,  to  put  him  out  of  the  cars  at  any  usual  stopping  place  the  conductor 
shall  select. 

Sec.  13.  In  forming  a  passenger  train,  baggage  or  freight,  or  mer¬ 
chandise,  or  lumber  cars  shall  not  be  placed  in  the  rear  of  passenger  cars ; 
and  if  they,  or  any  of  them  shall  be  so  placed,  and  any  accident  shall  hap¬ 
pen  to  life  or  limb,  the  officer  or  agent  who  so  directed,  or  knowingly 
suffered  such  arrangement,  and  the  conductor  and  engineer  of  the  train 
shall  each  and  all  be  held  guilty  of  intentionally  causing  the  injury,  and 
be  punished  accordingly. 

Seg.  14.  A  steam  whistle  shall  be  placed  on  each  locomotive  engine, 
and  be  sounded  at  the  distance  of  at  least  forty  rods  from  the  place  where 
the  railroad  shall  cross  any  road  or  street,  and  be  kept  sounding  until  it 
shall  have  crossed  such  road  or  street ;  and  the  said  company  shall  be  lia¬ 
ble  for  all  damages  which  shall  be  sustained  by  any  person  by  reason  of 
neglect  thereof. 

Sec.  15.  If  any  person  shall,  while  in  charge  of  a  locomotive  engine, 
running  upon  the  railroad  of  said  company,  or  while  acting  as  the  con¬ 
ductor  of  a  car  or  train  on  said  railroad,  be  intoxicated,  he  shall  be  deemed 
guilty  of  a  misdemeanor. 

Sec.  16.  Section  nineteenth  is  hereby  amended  so  as  to  read  as  fol¬ 
lows  :  Sec.  19.  If  any  person  shall  willfully  do,  or  cause  to  be  done,  any 


16 


act  or  acts  whatever,  whereby  any  building,  construction  or  work  of  said 
company,  or  any  engine,  machine  or  structure,  or  any  matter  or  thing  ap¬ 
pertaining  to  the  same,  shall  be  stopped,  obstructed,  impaired,  weakened, 
injured  or  destroyed,  the  person  or  persons  so  offending  shall  be  guilty  of 
a  misdemeanor,  and  shall  forfeit  and  pay  to  the  said  company,  treble  the 
amount  of  damages  sustained  by  means  of  such  offense. 

Sec.  17.  If  any  person  shall  wilfully  or  maliciously  place  any  obstruc¬ 
tion  upon  the  line  of  said  railroad,  whereby  the  lives  of  passengers  thereon 
shall  be  endangered,  such  person  or  persons  so  offending  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  punishable  by  imprisonment  in  the  county 
jail  not  less  than  three  months,  or  in  the  penitentiary  for  a  term  not  more 
than  five  years ;  Provided ,  that  nothing  herein  contained  shall  prevent 
the  company  from  pursuing  any  other  proper  civil  remedy  at  law  in  such 
cases. 

Sec.  18.  This  act  shall  take  effect  and  be  in  force  from  and  after  it 
shall  be  assented  to  by  a  majority  in  number  and  interest  of  the  stock¬ 
holders  of  said  company,  duly  assembled  in  general  meeting  for  that 
purpose. 

Approved  by  the  Governor,  March  1,  1851 ;  and  assented  to  and  de¬ 
clared  in  force  by  the  stockholders,  December  2,  1851. 


SECTIONS 

Four ,  Jive,  six ,  seventeen  and  twenty-three  of  the  first  article  of  the  act 
entitled  “  An  act  concerning  corporations ,”  approved  March  19,  1845, 
which  are  made  applicable  to  the  Pacific  Railroad  Company  by  the 
fourth  section  of  the  amendments  : 

Sec.  4.  No  corporation  created,  or  to  be  created,  and  not  expressly 
incorporated  for  banking  purposes,  shall,  by  any  implication  or  construc¬ 
tion,  be  deemed  to  possess  the  power  of  discounting  bills,  notes  or  other 
evidences  of  debt,  of  receiving  deposits,  of  buying  gold  and  silver  bullion, 
or  foreign  coins,  of  buying  and  selling  bills  of  exchange,  or  of  issuing  bills, 
notes,  or  other  evidences  of  debt  upon  loan,  or  for  circulation  as  money. 


17 


Sec.  5.  When  the  corporate  powers  of  any  corporation  are  directed 
by  its  charter,  to  be  exercised  by  any  particular  body,  or  number  of  per¬ 
sons,  a  majority  of  such  body  or  persons,  if  it  be  not  otherwise  provided  in 
the  charter,  shall  be  a  sufficient  number  to  form  a  board  for  the  transac¬ 
tion  of  business ;  and  every  decision  of  a  majority  of  the  persons  duly  as¬ 
sembled  as  a  board  shall  be  valid  as  a  corporate  act. 

Sec.  6.  If  any  corporation  hereafter  created  by  the  Legislature,  shall 
not  organize  and  commence  the  transaction  of  its  business  within  one  year 
from  the  date  of  its  incorporation,  its  corporate  powers  shall  cease. 

Sec.  17.  That  all  bodies  corporate,  by  any  suit  at  law,  in  any  Court 
in  this  State,  may  sue  for,  recover  and  receive,  from  their  respective  mem¬ 
bers,  all  arrears  or  other  debts,  dues  and  other  demands,  which  now  are, 
or  hereafter  may  be  owing  to  them,  in  the  like  mode,  manner  and  form, 
as  they  might  sue  for,  recover  and  receive  the  same  from  any  indifferent 
person,  who  might  not  be  one  of  their  body,  any  law,  usage  or  custom,  to 
the  contrary  thereof  notwithstanding. 

Sec.  23.  That  it  shall  be  lawful  for  any  corporation  to  Convey  lands 
by  deeds,  sealed  with  the  common  seal  of  said  corporation,  and  signed  by 
the  president  or  presiding  member,  or  trustee  of  said  corporation ;  and 
such  deed,  when  acknowledged  by  such  officer  to  be  the  act  of  the  corpo¬ 
ration,  or  proved  in  the  usual  form  prescribed  for  other  conveyances  for 
lands,  shall  be  recorded  in  the  Recorder’s  office  of  the  county  where  the 
land  lies,  in  like  manner  with  other  deeds. 


AjSF  ACT 

Supplementary  to  the  act  entitled,  an  act  to  amend  the  act  entitled  w  An 
act  to  incorporate  the  Pacific  Railroad,”  approved  March  1,  1851. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as 
follows : 

Sec.  1.  It  shall  be  lawful  for  the  said  Pacific  Railroad  Company  to 
extend,  construct,  maintain,  and  operate  their  railroad  to  any  point  or 
points  west  of  the  boundary  of  this  State,  and  to  enter  into  contracts  for 
that  purpose. 

Approved  February  24,  1853. 

Missouri  : 

Office  of  Secretary  of  State. 

I,  John  M.  Richardson,  Secretary  of  State,  certify  the  foregoing  is  a 
correct  copy  of  the  original  roll  on  file  in  my  office  of  an  act  passed  by  the 


18 


General  Assembly  of  tbe  State  of  Missouri,  entitled  “  An  act  supplemental 
to  the  act  entitled,  an  act  to  amend  the  act,  entitled  ‘  An  act  to  incorpo¬ 
rate  the  Pacific  Railroad,’  ”  approved  March  1,  1851. 

In  testimony  whereof,  I  have  hereto  set  my  hand  and  affixed 
[L.  S.]  the  official  seal  of  said  office,  this  the  fifth  day  of 

April,  1853. 

JOHN  M.  RICHARDSON, 

Secretary  of  State . 


AN  ACT 

To  expedite  the  construction  of  the  Pacific  Railroad,  and  of  the  Hannibal 

and  St.  Joseph  Railroad. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri ,  as 
follows : 

Sec.  1.  When  the  Pacific  Railroad  company  shall  produce  to  the  Go¬ 
vernor  of  the  State  satisfactory  evidence,  by  the  affidavit  of  the  treasurer 
and  two  of  the  directors  of  said  company,  that  the  sum  of  fifty  thousand 
dollars  collected  on  the  capital  stock  of  said  company,  has  been  expended 
by  them  in  the  survey,  location,  and  construction  of  their  Railroad,  he  shall 
cause  to  be  issued  and  delivered  to  said  company,  as  a  loan  of  the  public 
credit,  special  bonds  of  the  State  to  the  amount  of  fifty  thousand  dollars, 
bearing  an  interest  of  six  per  cent,  per  annum,  from  the  time  they  are  ne¬ 
gotiated  in  the  hands  of  the  holder,  payable  semi-annually  ;  and  after  the 
expenditure  of  the  whole  of  said  sum  of  fifty  thousand  dollars  realized  from 
the  sales  of  said  bonds,  whenever  said  company  shall  produce  like  proof  to 
the  governor  that  they  have  expended  the  further  sum  of  fifty  thousand 
dollars  of  their  own  moneys,  collected  on  their  capital,  in  the  actual  con¬ 
struction  of  said  Railroad,  the  .governor  shall  in  like  manner  cause  to  be 
issued  and  delivered  to  said  company,  further  like  bonds  to  the  amount  of 
fifty  thousand  dollars ;  and  in  like  manner  as  often  as  said  company  shall 
from  time  to  time  furnish  evidence  of  having  expended  from  their  own 
moneys,  collected  on  their  capital  stock,  further  sums  not  less  than  fifty 
thousand  dollars  each,  in  the  construction  of  their  road,  and  that  they 
have  also  expended  the  whole  proceeds  of  the  sales  of  the  bonds  previously 
issued  by  the  State,  in  the  construction  of  their  said  Railroad,  the  governor 
shall  cause  to  be  issued  and  delivered  to  said  company,  further  like  bonds 
to  the  amount  of  fifty  thousand  dollars  each  time  ;  provided,  the  total 


19 


amount  of  state  bonds  to  be  issued  and  loaned  to  said  company,  shall  not 
exceed  two  millions  of  dollars ;  provided  that  no  part  of  the  said  bonds 
shall  be  delivered  to  said  company  until  at  least  one  million  and  a  half  of 
dollars  has  been  subscribed,  in  good  faith,  to  the  capital  stock  of  the  said 
company,  and  satisfactory  proof  thereof  has  been  made  to  the  governor. 

Sec.  2.  When  the  Hannibal  and  St.  Joseph  Railroad  Company  shall 
produce  to  the  Governor  of  the  State  satisfactory  evidence,  by  the  affidavit 
of  the  treasurer  and  two  of  the  directors  of  said  company,  that  the  sum  of 
fifty  thousand  dollars,  collected  on  the  capital  stock  of  said  company,  has 
been  expended  by  them,  in  the  survey,  location  and  construction  of  their 
railroad,  he  shall  cause  to  be  issued  and  delivered  to  the  said  company,  as 
a  loan  of  the  public  credit,  special  bonds  of  the  State  to  the  State  to  the 
amount  of  fifty  thousand  dollars,  bearing  an  interest  of  six  per  cent,  per 
annum,  from  the  time  they  are  negotiated  in  the  hands  of  the  holder,  pay¬ 
able  semi-annually  ;  and  after  the  expenditure  of  the  whole  of  said  sum  of 
fifty  thousand  dollars,  realized  from  the  sales  of  said  bonds,  whenever  the 
said  company  shall  produce  like  proof  to  the  governor,  that  they  have  ex¬ 
pended  the  further  sum  of  fifty  thousand  dollars  of  their  own  moneys,  col¬ 
lected  on  their  capital,  in  the  actual  construction  of  said  railroad,  the  go¬ 
vernor  shall  in  like  manner  cause  to  be  issued  and  delivered  to  the  said 
company,  further  like  bonds  to  the  amount  of  fifty  thousand  dollars  ;  and 
in  like  manner,  as  often  as  the  said  company  shall  from  time  to  time,  fur¬ 
nish  like  evidence  of  having  expended  from  their  own  moneys,  collected  on 
their  capital  stock,  further  sums  of  not  less  than  fifty  thousand  dollars  each, 
in  the  construction  of  their  road,  and  that  they  have  also  expended  the 
whole  proceeds  of  the  sales  of  the  bonds  previously  issued  by  the  State,  in 
the  construction  of  their  said  railroad,  the  governor  shall  cause  to  be  issued 
and  delivered  to  the  said  company  further  like  bonds,  to  the  amount  of 
fifty  thousand  dollars  each  time ;  provided,  the  total  amount  of  State  bonds 
so  to  be  issued  and  loaned  to  the  said  company,  shall  not  exceed  one  and 
a  half  millions  of  dollars ;  provided,  that  no  part  of  said  bonds  shall  be  de¬ 
livered  to  said  company  until  at  least  five  hundred  thousand  dollars  in 
money,  or  its  equivalent,  has  been  subscribed  in  good  faith,  to  the  capi¬ 
tal  stock  of  said  company,  and  satisfactory  proof  thereof  made  to  the 
governor. 

Sec.  3.  No  part  of  the  said  bonds  shall  be  delivered  to  the  said  com¬ 
panies,  or  either  of  them,  until  the  acceptance  thereof  shall  be  signified  to 
the  Secretary  of  State,  by  the  filing  in  his  office  of  a  certificate  of  suhh  ac¬ 
ceptance  under  the  corporate  seal  of  the  company  thus  accepting,  and  the 
signature  of  their  president. 


20 


Sec.  4.  Each  certificate  of  acceptance  so  executed  and  filed  as  afore¬ 
said,  shall  be  recorded  in  the  said  office  of  the  Secretary  of  State,  and  shall 
thereupon  become,  and  be,  according  to  all  intents  and  purposes,  a  mort¬ 
gage  of  the  road  of  the  company  executing  and  filing  their  acceptance,  as 
aforesaid,  and  every  part  and  section  thereof,  and  its  appurtenances,  to 
the  people  of  this  State  for  securing  the  payment  of  the  principal  and  in¬ 
terest  of  the  sums  of  money  for  which  such  bonds  shall,  from  time  to  time, 
be  issued  and  accepted  as  aforesaid. 

Sec.  5.  The  said  bonds,  thus  issued  to  the  Pacific  Railroad  Company, 
shall  be  denominated  “  the  Pacific  Railroad  State  Bonds,”  and  the  said 
bonds  thus  issued  to  the  Hannibal  and  St.  Joseph  Railroad  Company  shall 
be  denominated  “  the  Hannibal  and  St.  Joseph  Railroad  State  Bonds 
and  the  faith  and  credit  of  this  State  are  hereby  pledged  for  the  payment 
of  the  interest  and  the  redemption  of  the  principal  thereof. 

Sec.  6.  The  said  bonds  shall  be  signed  by  the  Governor,  and  counter¬ 
signed  by  the  Secretary  of  State,  and  sealed  with  the  seal  of  the  State,  and 
shall  be  registered  in  the  office  of  the  auditor  of  public  accounts,  and  shall 
be  of  denominations  not  exceeding  one  thousand  dollars  each  in  amount, 
with  coupons  attached,  and  shall  be  payable  to  the  order  of  said  companies 
respectively,  and  may  be  transferred  by  the  endorsement  of  the  respective 
presidents  of  the  said  companies  for  the  time  being ;  and  such  endorsement 
shall  be  considered  the  act  of  the  company,  and  a  copy  of  this  act  shall  be 
attached  to  each  of  said  bonds. 

Sec.  V.  The  said  bonds  shall  be  redeemable  at  the  pleasure  of  the 
Legislature,  at  any  time  after  the  expiration  of  twenty  years,  from  the  date 
of  the  respective  issues  thereof ;  and  the  interest  thereon  shall  be  payable 
semi-annually,  in  the  city  of  New  York,  on  the  first  days  of  January  and 
July  in  each  and  every  year. 

Sec.  8.  The  said  companies  may  sell  or  dispose  of  the  said  bonds  is¬ 
sued  to  them  respectively,  at  not  less  than  par,  and  in  such  manner,  time 
and  place  as  to  them,  or  either  of  them,  may  seem  most  expedient,  and 
the  said  companies,  or  either  of  them,  may  confer  on  any  holder  of  any 
bond  or  bonds  transferred  by  them,  the  right  to  convert  the  same  into 
stock  of  the  company,  at  any  time,  not  exceeding  ten  years  from  the  date 
of  such  bond  or  bonds,  and  upon  such  terms  and  conditions  as  the  said 
company  may  deem  advisable ;  and,  upon  such  conversion,  the  said  com¬ 
pany  shall  deliver  up  the  said  bond  or  bonds,  so  converted  into  stock,  to 
the  governor,  to  be  canceled,  who  shall  thereupon  cause  satisfaction 
thereof  to  be  entered  of  record  in  the  office  of  the  auditor  of  public  accounts. 

Sec.  9.  Each  of  said  companies  shall  make  provision  for  punctual  re- 


21 


demption  of  the  said  bonds,  so  issued,  as  aforesaid,  to  them  respectively, 
and  for  the  punctual  payment  of  the  interest  which  shall  accrue  thereon, 
in  such  manner  as  to  exonerate  the  treasury  of  this  State  from  any  ad¬ 
vances  of  money  for  that  purpose ;  and  the  tolls  and  income  which  shall 
accrue  from  the  use  of  their  said  roads  respectively,  when  the  same,  or  any 
part  thereof,  shall  be  constructed,  after  paying  the  repairs  and  necessary 
expense  of  operating  the  same,  and  conducting  the  business  thereof,  shall 
be,  and  are  hereby  pledged  for  the  payment  of  said  interest. 

Sec.  10.  No  part  of  the  bonds  so  authorized,  as  aforesaid,  shall  be  is¬ 
sued  to  the  said  companies,  or  either  of  them,  until  full  and  satisfactory 
evidence  shall  be  given  to  the  Governor,  and  approved  by  the  attorney 
general,  that  no  prior  lien  or  incumbrance  has  been  created  or  exists  on  the 
road  of  the  company  applying  for  said  bonds,  or  its  appurtenances,  except 
such  lien  as  may  have  been  created  under  this  act. 

Sec.  11.  In  case  the  said  companies  or  either  of  them,  to  which  bonds 
shall,  as  aforesaid,  be  issued,  shall  make  default  in  the  payment  of  either 
interest  or  principal  of  the  said  bonds,  or  any  part  thereof,  no  more  bonds 
shall  thereafter  be  issued  to  such  delinquent  company,  and  it  shall  be  law¬ 
ful  for  the  Governor  to  sell  their  road  and  its  appurtenances,  by  auction,  to 
the  highest  bidder,  first  giving,  at  least,  six  months’  notice  of  the  time  and 
place  of  such  sale,  by  advertisement,  to  be  published  once  in  each  week  in 
the  paper  which  shall  publish  the  laws  at  Jefferson  city,  and  in  two  public 
newspapers  printed  in  the  city  of  St.  Louis ;  or  to  buy  in  the  same  at  such 
sale,  for  the  use  and  benefit  of  the  State ;  subject  to  such  disposition  in  re¬ 
spect  to  such  road,  or  its  proceeds,  as  the  Legislature  may  thereafter  direct 

This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  22,  1851. 


3 


22 


LAWS  OF  THE  UNITED  STATES, 

Passed  at  the  First  Session  of  the  Thirty-second  Congress  of  the  United 
States  of  America. 

(Public  Act,  No.  20.) 

An  Act  granting  the  right  of  way  to  the  State  of  Missouri,  and  a  portion 
of  the  public  lands  to  aid  in  the  construction  of  certain  Railroads  in 
said  State. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled : 

That  the  right  of  way  through  the  public  lands  be,  and  the  same 
is  hereby,  granted  to  the  State  of  Missouri  for  the  construction  of  railroads 
from  the  town  of  Hannibal  to  the  town  of  St.  Joseph,  in  said  State,  and 
from  the  city  of  Saint  Louis  to  such  a  point  on  the  western  boundary  of 
said  State  as  may  be  designated  by  the  authority  of  said  State,  with  the 
right  also  to  take  necessary  materials  of  earth,  stone  and  timber,  for  the 
construction  thereof,  from  the  public  lands  of  the  United  States  adjacent 
to  said  railroads ;  provided,  that  in  locating  the  railroads  aforesaid,  and 
assigning  the  limits  to  the  easement,  no  more  land  shall  be  taken  from  the 
United  States  than  is  necessary  for  a  convenient  construction  and  use  of 
said  roads  as  public  ways  for  transportation,  including  stations,  with  the 
usual  buildings  of  all  kinds,  turn-outs,  and  such  other  appurtenances  as  are 
usually  enjoyed  by  railroad  companies ;  and  a  copy  of  the  location  of  said 
roads,  made  under  the  direction  of  the  Legislature,  shall  be  forwarded  to 
the  proper  local  land  offices  respectively,  and  to  the  General  Land  Office, 
at  Washington  City,  within  ninety  days  after  the  completion  of  the  same, 
to  be  recorded. 

Sec.  2.  And  be  it  further  enacted ,  That  there  be,  and  is  hereby, 
granted  to  the  State  of  Missouri,  for  the  purpose  of  aiding  in  making  the 
railroads  aforesaid,  every  alternate  section  of  land,  designated  by  even 
numbers,  for  six  sections  in  width  on  each  side  of  said  road ;  but  in  case 
it  shall  appear  that  the  United  States  have,  when  the  line  of  route  of  said 
■roads,  or  either  of  them,  shall  be  definitely  fixed  by  the  authority  afore- 


23 


said,  sold  any  section,  or  any  part  thereof,  granted  as  aforesaid,  or  that  the 
right  of  pre-emption  has  attached  to  the  same,  then  it  shall  be  lawful  for 
any  agent  or  agents,  to  be  appointed  by  the  Governor  of  said  State,  to  se¬ 
lect,  subject  to  the  approval  of  the  Secretary  of  the  Interior,  from  the  lands 
of  the  United  States  most  contiguous  to  the  tier  of  sections  above  specified, 
so  much  land  in  alternate  sections,  or  parts  of  sections,  as  shall  be  equal 
to  such  lands  as  the  United  States  have  sold,  or  to  which  the  right  of  pre¬ 
emption  has  attached  as  aforesaid ;  which  lands,  thus  selected  in  lieu  of 
those  sold,  and  to  which  pre-emption  rights  have  attached  as  aforesaid,  to¬ 
gether  with  the  sections  and  parts  of  sections  designated  by  even  numbers 
as  aforesaid,  and  appropriated  as  aforesaid,  shall  be  held  by  the  State  of 
Missouri  for  the  use  and  purpose  aforesaid ;  provided,  that  the  lands  to 
be  so  located  shall  in  no  case  be  further  than  fifteen  miles  from  the  line 
of  the  road  in  each  case :  provided  further,  that  the  lands  hereby  granted 
shall  be  exclusively  applied  in  the  construction  of  that  road  for  which  it 
was  granted  arid  selected,  and  shall  be  disposed  of  only  as  the  work  pro¬ 
gresses,  and  the  same  shall  be  applied  to  no  other  purpose  whatever ; 
and  provided  further,  that  any  and  all  lands  heretofore  reserved  to  the 
United  States,  by  any  act  of  Congress,  or  in  any  other  manner  by  compe¬ 
tent  authority,  for  the  purpose  of  aiding  in  any  object  of  internal  improve¬ 
ment,  or  for  any  other  purpose  whatsoever,  be,  and  the  same  are  hereby 
reserved  to  the  United  States,  from  the  operation  of  this  act,  except  so  far 
as  it  may  be  found  necessary  to  locate  the  route  of  the  said  railroads 
through  such  reserved  lands ;  in  which  case  the  right  of  way  only  shall  be 
granted. 

Sec.  3.  And  be  it  further  enacted ,  That  the  sections  and  parts  of 
sections  of  land  which,  by  such  grant,  shall  remain  to  the  United  States, 
within  six  miles  on  each  side  of  said  roads,  shall  not  be  sold  for  less  than 
double  the  minimum  price  of  the  public  lands  when  sold ;  which  lands 
shall,  from  time  to  time,  be  offered  at  public  sale  to  the  highest  bidder, 
under  the  direction  of  the  Secretary  of  the  Interior,  and  shall  not  be  sub¬ 
ject  to  entry  until  they  shall  have  been  so  offered  at  public  sale. 

Sec.  4.  And  be  it  further  enacted ,  That  the  said  lands  hereby  granted 
to  the  said  State  shall  be  subject  to  the  disposal  of  the  Legislature  thereof 
for  the  purposes  aforesaid,  and  no  other;  and  the  said  railroads  shall.be  and 
remain  public  highways  for  the  use  of  the  Government  of  the  United 
States,  free  from  toll  or  other  charge  upon  the  transportation  of  any  pro¬ 
perty  or  troops  of  the  United  States. 

Sec.  5.  And  be  it  further  enacted ,  That  the  lands  hereby  granted  to 
said  State  shall  be  disposed  of  by  said  State  only  in  manner  following, 


24 


that  is  to  say  :  that  a  quantity  of  land,  not  exceeding  one  hundred  and 
twenty  sections  on  each  road,  and  included  within  a  continuous  length  of 
twenty  miles  of  said  road,  may  be  sold ;  and  when  the  Governor  of  said 
State  shall  certify  to  the  Secretary  of  the  Interior  that  said  twenty  miles 
of  said  road  is  completed,  then  another  like  quantity  of  land  hereby  grant¬ 
ed  may  be  sold  ;  and  so  from  time  to  time,  until  said  road  is  completed ; 
and  if  said  road  be  not  completed  within  ten  years,  no  further  sales  shall 
be  made,  and  the  land  unsold  shall  revert  to  the  United  States. 

Sec.  6.  And  be  it  further  enacted ,  That  the  United  States  mail  shall 
at  all  times  be  transported  on  said  railroads,  under  the  direction  of  the 
Post  Office  Department,  at  such  price  as  Congress  may  by  law  direct. 

Approved  June  10,  1852. 


AN  ACT, 

To  accept  a  grant  of  land  made  to  the  State  of  Missouri  by  the  Con¬ 
gress  of  the  United  States,  to  aid  in  the  construction  of  certain  Rail¬ 
roads  in  this  State,  and  to  apply  a  portion  thereof  to  the  Pacific 
Railroad. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri  as 
follows : 

Sec.  1.  That  all  that  portion  of  the  lands  granted  to  this  State  by  the 
act  of  Congress,  entitled  “An  act  granting  the  right  of  way  to  the  State 
of  Missouri,  and  a  portion  of  the  public  lands  to  aid  in  the  construction 
of  certain  Railroads  in  said  State,”  approved  June  10th,  1852,  so  far  as 
the  same  are  applicable  to  the  construction  of  a  Railroad  from  the  city 
of  St.  Louis  to  such  point  on  the  western  boundary  of  this  State,  as  may 
be  designated  by  the  Pacific  Railroad ;  and  which  may  be  selected  or 
located  in  conformity  with  the  provisions  of  said  act,  together  with  all 
the  rights  and  privileges  thereto  belonging,  or  in  said  act  granted,  shall 
vest  in  full  and  complete  title  in  the  Pacific  Railroad  for  the  uses  and 
purposes,  and  subject  to  the  conditions,  reversion  and  provisions  set  forth 
and  contained  in  said  act  of  Congress  and  this  act. 

Sec.  2.  The  Pacific  Railroad  may  lay  out,  construct  and  maintain  a 
line  of  railway,  or  branch  Railroad,  with  a  single  or  a  double  track,  from 
any  point  of  the  main  line  of  the  Pacific  Railroad  east  of  the  Osage  river, 
to  any  point  on  the  western  boundary  of  this  State,  south  of  the  Osage 
river,  which  the  said  corporation  may  select,  and  for  that  purpose  shall 


25 


have  the  same  rights,  powers,  and  privileges,  and  be  subject  to  the  same 
provisions  and  conditions  in  respect  to  the  right  of  way,  depot  grounds, 
water  stations,  engine  houses,  machine  shops,  stopping  stages  and  other 
buildings,  and  the  use  of  materials,  and  the  location,  construction,  main¬ 
taining  and  operation  of  the  said  branch  Railroad,  as  are  made  applicable 
to  the  Pacific  Railroad,  by  the  act  entitled  “  An  act  to  incorporate  the 
Pacific  Railroad,”  approved  March  12th,  1849,  and  the  act  amendatory 
thereof,  approved  March  1st,  1851. 

Sec.  3.  As  soon  as  practicable  after  the  passage  of  this  act,  the  Paci¬ 
fic  Railroad  shall,  at  their  own  expense,  proceed  to  locate  said  southwestern 
line  of  branch  Railroad,  and  to  locate  and  select  the  lands  granted  by  the 
said  act  of  Congress,  by  any  agent  or  agents  they  may  designate,  under 
the  appointment  of  the  Governor,  subject  to  the  approval  in  said  act  spe¬ 
cified,  along  the  main  line  of  said  Pacific  Railroad  from  its  commence¬ 
ment  in  the  city  of  St.  Louis,  to  the  point  on  said  main  line,  where  the 
said  southwestern  branch  shall  diverge,  and  thence  along  said  southwest¬ 
ern  line  or  branch  Railroad  to  the  western  boundary,  south  of  the  Osage 
river.  And  a  copy  of  the  location  of  the  aforesaid  part  of  the  main  line, 
and  of  the  whole  of  said  southwestern  branch  of  the  Pacific  Railroad,  shall 
be  made  and  certified  by  the  President  and  Chief  Engineer  of  said  railroad, 
and  under  the  corporate  seal  of  said  company,  and  forwarded  to  the  local 
land  offices,  and  to  the  General  Land  Office,  as  in  said  act  of  Congress 
specified. 

Sec.  4.  And  the  said  Pacific  Railroad  shall  apply  the  lands  granted 
as  aforesaid,  or  the  proceeds  thereof,  to  the  construction  of  the  said  main 
line,  from  its  commencement  in  the  city  of  St.  Louis  to  the  point  of  diver¬ 
gence  therefrom  of  the  southwestern  branch,  and  to  the  said  southwestern 
branch,  so  that  said  lands  shall  be  applied  to  the  construction  of  a  railroad 
from  St.  Louis  to  the  western  boundary  of  the  State,  south  of  the  Osage 
river,  in  conformity  with  said  act  of  Congress. 

Sec.  5.  For  the  purpose  of  raising  funds  from  to  time,  for  the  construc¬ 
tion  and  completion  of  the  said  branch  railroad,  the  said  company  may 
sell  the  said  lands  in  the  manner  provided  for  by  the  said  act  of  Congress, 
and  may  issue  their  bonds  in  such  sums  as  they  may  deem  proper,  at  rates 
of  interest  not  exceeding  seven  per  cent,  per  annum,  payable  semi-annual¬ 
ly,  and  the  principal  of  said  bonds  payable  at  such  time  and  place  as  they 
may  designate ;  and  may  secure  the  payment  of  said  bonds,  by  mortgage 
of  said  lands  or  any  part  thereof,  to  be  executed  by  said  company,  and 
may  make  the  said  bonds  convertible  into  land  or  stock  of  the  company 
within  such  periods  as  they  may  prescribe  ;  provided,  that  the  faith  of  the 


26 


State  is  in  no  manner  pledged  for  the  redemption  of  said  bonds  or  any 
part  thereof;  and  provided  further,  that  nothing  in.  this  act  contained  shall 
be  construed  to  authorize  said  company  to  sell,  dispose  of,  or  apply  the  said 
lands  or  the  proceeds  thereof,  in  any  other  manner,  or  to  any  other  purpose 
than  as  required  and  limited  by  the  said  act  of  Congress. 

Sec.  6.  The  said  company  shall,  within  one  year  after  the  said  South¬ 
western  Branch  Railroad  shall  have  been  located,  cause  to  be  made  a  map 
and  profile  thereof,  and  a  map  of  the  land  located,  for  the  use  of  such 
branch  road,  embracing  also  the  main  line  of  the  Pacific  Railroad,  from  its 
connection  with  said  southwestern  branch  to  the  eastern  terminus  thereof, 
and  file  the  same  in  the  office  of  the  Secretary  of  State,  and  also  maps 
of  the  parts  thereof  located  in  the  different  counties,  and  cause  the  same 
to  be  recorded  in  the  office  for  recording  deeds  in  the  counties  respectively 
in  .which  said  parts  of  said  road  may  be  located. 

Sec.  7.  Each  and  every  person  who,  on  the  tenth  day  of  June,  one 
thousand  eight  hundred  and  fifty-two,  was  the  owner  of  any  improvement 
made  previous  to  that  date  on  any  land  embraced  in  the  grant  aforesaid, 
and  who  became  such  owner  with  a  view  to  a  residence  on  or  occupation 
of  such  land  for  agricultural  purposes,  shall  have  the  right  to  purchase  at 
not  exceeding  two  dollars  and  fifty  cents  per  acre,  subject  to  the  reversion 
in  said  act  provided  for,  a  quantity  of  the  land  so  occupied  to  be  bounded 
by  the  legal  sub-divisions,  not  exceeding  one  quarter  section,  to  consist  of 
quarter-quarter,  half-quarter  or  quarter  section,  which  will  include  the  im¬ 
provement  aforesaid.  Provided,  that  any  person  claiming  the  right  to 
purchase  under  the  provisions  of  this  act  shall,  within  four  months  from 
the  date  of  the  location  of  the  land,  file  in  the  clerk’s  office  of  the  circuit 
court  of  the  county  in  which  the  land  claimed  is  situated,  a  notice  to  the 
corporation  of  his,  her  or  their  claims,  describing  the  land  by  its  numbers, 
accompanied  with  an  affidavit  stating  the  date  and  object  of  the  improve¬ 
ment,  the  time  and  manner  when  and  how  he,  she  or  they  became  owner 
thereof,  and  also  the  affidavits  of  at  least  two  residents  of  the  county  prov¬ 
ing  the  facts  in  relation  to  such  claim  ;  and  provided  further,  that  the  right 
of  way  upon  and  across  any  lot  of  land  sold  under  the  provisions  of  this 
section  not  exceeding  two  hundred  feet  in  width,  shall  be  reserved  and  re¬ 
tained  for  the  passage  of  the  road,  as  the  same  may  be  located  and  con¬ 
structed  ;  but  no  sale  or  conveyance  of  any  lot  of  land  under  the  provisions 
of  this  section  shall  affect  the  rights  or  equities  of  two  or  more  parties 
claiming  the  same  as  between  each  other. 

Sec.  8.  In  case  any  of  the  lands  located  or  selected  ilnder  the  act  of 
Congress  aforesaid  shall  remain  unsold  at  the  expiration  of  ten  years  after 


27 


the  completion  of  the  said  road,  the  same  shall  be  offered  at  public  sale  an¬ 
nually  until  the  whole  is  disposed  of,  except  such  lots  as  may  be  deemed 
necessary  by  said  company  for  practical  purposes  in  sustaining  and  operat¬ 
ing  their  said  railroad. 

Sec.  9.  For  every  fifty  thousand  dollars  expended  by  said  company  in 
the  actual  construction  of  said  Southwestern  Branch  Railroad,  whether  col¬ 
lected  from  capital  stock  or  derived  from  mortgage  or  sale  of  lands,  the 
Governor  of  the  State  shall  cause  to  be  issued  and  delivered  to  said  com¬ 
pany,  upon  their  application  and  acceptance,  fifty  special  bonds  of  the  State 
of  the  like  character  and  denomination,  and  upon  the  like  proof,  terms,  con¬ 
ditions  and  liabilities  (except  as  herein  stated)  as  prescribed  by  the  act  en¬ 
titled  “  An  act  to  expedite  the  construction  of  the  Pacific  Railroad  and  of 
the  Hannibal  and  St.  Joseph  Railroad,”  approved  February  22d,  1851, 
the  proceeds  of  which  said  bonds  shall  be  exclusively  applied  to  the  con¬ 
struction  of  the  said  Southwestern  Branch  Railroad  :  Provided,  the  total 
amount  of  the  State  bonds  so  to  be  issued  to  said  company  for  the  pur¬ 
pose  in  this  section  contained,  shall  not  exceed  one  million  of  dollars ;  and 
provided  further,  that  no  part  of  the  said  bonds  shall  be  issued  until  at 
least  five  hundred  thousand  dollars  applicable  to  the  construction  of  the 
said  Southwestern  Branch  shall  be  first  subscribed  in  good  faith  as  an  ad¬ 
dition  to  the  capital  stock  of  said  company  :  Provided  further,  that  none 
of  said  bonds  shall  disposed  of  by  said  company  at  less  than  par  value. 

Sec.  10.  The  said  company  shall  keep  separate  accounts  of  the  cost 
of  surveying,  locating,  constructing,  maintaining,  altering  and  operating  said 
Southwestern  Branch  Railroad,  and  also  of  the  earnings  thereof ;  and  may,  if 
the  board  of  directors  shall  deem  it  advisable,  create  a  new  stock  for  said 
branch,  and  shall  apply  the  same,  as  well  as  the  proceeds  of  the  lands  due  to 
said  Southwestern  Branch,  and  the  proceeds  of  the  bonds  authorized  by  the 
ninth  section  of  this  act,  exclusively  to  the  construction  of  said  Southwest¬ 
ern  Branch,  and  pay  the  dividends  declared  from  the  net  profits  of  said 
branch  to  those  who  shall  become  stockholders  therein,  or  their  legal  re¬ 
presentatives,  according  to  their  respective  shares. 

Sec.  11.  The  Pacific  Railroad  shall  be  deemed  a  railroad  beginning 
in  the  city  of  St.  Louis,  and  running  westwardly  by  the  way  of  Jefferson 
City;  and  thence  along  the  best  and  most  practicable  inland  route 
through  the  county  of  Johnson,  and  terminating  at  any  point  in  Jackson 
county,  which  may  be  designated  by  the  said  company,  anything  con¬ 
tained  in  the  charter  thereof  to  the  contrary  notwithstanding ;  provided, 
the  counties  west  of  J efferson  City  through  which  said  road  shall  run,  and 
those  contiguous  thereto,  and  individuals  in  the  same,  shall  subscribe,  in 


28 


good  faith,  four  hundred  thousand  dollars  to  the  capital  stock  of  said 
company,  in  addition  to  the  amount  already  subscribed  ;  and  if  said  four 
hundred  thousand  dollars  additional  stock  should  not  be  subscribed  in 
good  faith  to  said  company  within  twelve  months  from  and  after  the  pas¬ 
sage  of  this  act,  the  said  Pacific  Railroad  Company  shall  be  free  to  select 
any  location  they  may  deem  expedient ;  and  provided  further,  that  the 
right  of  way  can  be  obtained  upon  said  route  upon  as  good  terms  as  any 
other.  And  the  proceeds  of  the  loan  of  State  credit  authorized  by  the  act 
entitled,  “  An  act  to  expedite  the  construction  of  the  Pacific  Railroad,  and  • 
of  the  Hannibal  and  St.  Joseph  Railroad,”  approved  February  22d,  1851, 
and  all  the  stock  now  subscribed  to  said  Pacific  Railroad,  (excepting  all 
the  subscriptions  for  either  of  its  branches,)  and  the  proceeds  of  the  lands 
due  to  that  portion  of  the  Pacific  Railroad  lying  between  its  commence¬ 
ment  in  St.  Louis  and  the  point  at  which  the  said  southwestern  branch 
shall  diverge  from  the  same,  shall  be  exclusively  appropriated  to  the  con¬ 
struction  and  completion  of  the  said  Pacific  Railroad,  terminating  as  afore¬ 
said,  in  Jackson  county;  and  the  dividends  which  may  be  declared  from 
the  profits  of  the  said  Pacific  Railroad  shall  be  paid  to  the  stockholders 
thereof  exclusively,  or  their  legal  representatives ;  and  for  the  purpose  more 
effectually  of  securing  the  completion  of  the  said  Pacific  Railroad,  the 
Governor  of  the  State  shall  cause  to  be  issued  and  delivered  to  said  com¬ 
pany,  upon  their  application  and  acceptance,  in  addition  to  the  amount 
authorized  to  be  loaned  to  said  company  by  the  first  section  of  the  act 
above  recited,  approved  February  22d,  1851,  fifty  thousand  dollars  of  the 
State  bonds,  for  every  fifty  thousand  dollars  of  the  money  of  said  company 
actually  expended  in  the  construction  of  said  Pacific  Railroad,  whether  the 
said  money  be  collected  from  the  capital  stock,  or  derived  from  any  other 
source  other  than  the  proceeds  of  sales  of  State  bonds,  upon  the  like  proof, 
terms,  conditions  and  liabilities,  and  of  the  like  character  and  denomina¬ 
tions  as  prescribed  in  the  act  aforesaid ;  provided,  that  the  total  amount 
of  State  bonds,  to  be  issued  to  said  company  under  this  section,  shall  not 
exceed  one  million  of  dollars,  and  the  said  company  shall  complete  the 
said  line  to  its  terminus  in  Jackson  county,  and  put  the  same  in  operation 
within  five  years  after  the  passage  of  this  act. 

Sec.  12.  The  said  Pacific  Railroad  and  the  said  Southwestern  Branch 
Railroad  shall  be  exempt  from  taxation  respectively,  until  the  same  shall 
be  completed,  opened  and  in  operation ;  and  shall  declare  a  dividend, 
wdien  the  road-bed,  buildings,  machinery,  engines,  cars  and  other  property 
of  such  completed  road,  at  the  actual  cash  value  thereof,  shall  be  subject 
to  taxation  at  the  rate  assessed  by  the  State  on  other  real  and  personal 


29 


property  of  like  value ;  and  for  the  purpose  of  ascertaining  the  value  of 
the  same,  it  shall  be’  the  duty  of  the  President  of  said  company,  on  the 
first  day  of  February  in  each  year,  after  such  road  is  completed,  opened 
and  put  in  operation  and  declares  a  dividend,  to  furnish  to  the  Auditor  of 
the  State  a  statement  under  his  oath,  made  before  and  certified  by  some 
officer  authorized  to  administer  oaths,  of  the  actual  value  of  the  road-bed, 
buildings,  machinery,  engines,  cars  and  other  property  appertaining  to 
such  completed  road,  and,  from  said  statement  so  furnished,  the  Auditor 
shall  charge  said  company  with  the  amount  appearing  to  be  due  to  the 
State  according  to  the  statement  furnished  as  herein  required  by  the  Pres¬ 
ident  of  the  company.  And  in  case  said  company  shall  fail  to  pay  into 
the  State  treasury,  within  thirty  days  after  the  first  day  of  December  in 
each  year,  the  amount  charged  against  said  company  as  aforesaid,  said 
company  shall  forfeit  and  pay  to  the  State  of  Missouri,  in  addition  to  the 
sum  with  which  said  company  may  stand  charged  by  the  Auditor,  ten  per 
cent,  per  month  after  the  expiration  of  said  thirty  days,  on  the  amount 
charged  to  said  company ;  which  sum  charged  against  said  company,  to¬ 
gether  with  the  ten  per  cent,  per  month  hereinbefore  specified,  may  be 
recovered  in  the  name  of  the  State  of  Missouri,  by  civil  action,  in  any 
court  of  competent  jurisdiction;  and  should  the  President  of  said  compa¬ 
ny  fail  to  make  out  and  furnish  to  the  Auditor  of  the  State  a  statement, 
as  herein  required,  said  company  shall  forfeit  and  pay  to  the  State  ten 
thousand  dollars  for  such  failure,  which  may  be  recovered  in  the  name  of 
the  State  of  Missouri  in  any  court  of  competent  jurisdiction ;  provided,  that 
if  said  company  shall  fail,  for  the  period  of  two  years  after  said  roads 
respectively  shall  be  completed  and  put  in  operation,  to  declare  a  dividend, 
that  then  said  company  shall  no  longer  be  exempt  from  the  payment  of 
said  tax,  nor  from  the  forfeitures  and  penalties  in  this  section  imposed. 

Sec.  13.  It  shall  be  lawful  for  any  city,  county  or  incorporated  com¬ 
pany  to  subscribe  to  the  capital  stock  of  the  said  Pacific  Railroad,  for  the 
purpose  of  aiding  the  construction  of  said  railroad,  or  either  of  its  branch¬ 
es,  and  may  issue  the  bonds  of  such  city,  county  or  company,  to  raise  funds 
to  pay  the  stock  thus  subscribed,  and  appoint  an  agent  to  represent  its  in¬ 
terest,  give  its  vote,  and  receive  its  dividends,  and  may  take  proper  steps  to 
guard  and  protect  the  interests  of  such  city,  county  or  corporation,  in  rela¬ 
tion  thereto. 

Sec.  14.  Whenever  any  of  the  bonds  authorized  by  this  act,  or  any 
former  law,  to  be  loaned  to  the  Pacific  Railroad,  shall  come  to  maturity, 
between  the  first  days  of  January  and  July,  or  of  July  and  January,  the 
interest  thereon  accruing,  between  the  date  when  the  last  coupon  falls 


30 


due  and  the  maturity  of  the  bonds,  shall  be  paid  at  the  maturity  of  such 
bond. 

Sec.  15.  That  this  act  and  all  grants  herein  contained,  shall  cease  and 
be  void  unless  accepted  by  said  company,  within  six  months  after  the 
passage  of  this  act,  said  acceptance  to  be  executed  by  the  said  company 
under  their  corporate  seal,  and  filed  in  the  office  of  Secretary  of  State. 

Sec.  16.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  December  25,  1852. 

Office  of  Secretary  of  State, 

City  of  Jefferson,  January  1,  1853. 

The  foregoing  act  is  a  true  copy  of  the  original  roll  on  file  in  my 
office. 

EPHRAIM  B.  EWING, 

Secretary  of  State. 


“  COPY.” 

To  His  Excellency,  Sterling  Price, 

Governor  of  the  State  of  Missouri : 

The  Pacific  Railroad  Company  hereby  certify  and  declare,  that  they 
have  accepted,  and  do  hereby  accept,  the  act  entitled  “An  act  to  accept  a 
grant  of  land  made  to  the  State  of  Missouri  by  the  Congress  of  the  United 
States,  to  aid  in  the  construction  of  certain  railroads  in  this  State,  and  to 
apply  a  portion  thereof  to  the  Pacific  Railroad,” — approved  December 
25th,  1852 — and  this  certificate  is  presented  for  filing  in  the  office  of  the 
Secretary  of  State  in  compliance  with  the  requirements  of  said  act,  and 
particularly  of  the  fifteenth  section  thereof. 

In  witness  whereof,  and  in  pursuance  of  a  resolution 
of  the  Board  of  Directors,  adopted  on  the  twelfth  day  of 
January,  eighteen  hundred  and  fifty- three  (a  copy  whereof 
is  hereto  annexed),  the  said  Pacific  Railroad  Company 
[L.  S.]  have  caused  their  corporate  seal  to  be  hereto  affixed,  and 
the  names  of  their  President  and  Secretary  to  be  signed 
to  this  certificate,  at  St.  Louis,  Mo.,  this  twenty-first  day 
of  January,  one  thousand  eight  hundred  and  fifty-three. 
THO.  ALLEN, 

President  Pacific  Railroad. 

Attest. — Sam’l  Copp,  Jr., 

Sec’y  P.  R.  R.  Co. 


31 


“ COPY” 

Office  Pacific  Railroad  Co., 

St.  Louis ,  12th  January,  1853.' 

At  a  meeting  of  the  Board  of  Directors  of  the  Pacific  Railroad  Com¬ 
pany  held  this  day,  the  following  resolution  was  unanimously  adopted : 

Resolved ,  By  the  Board  of  Directors  of  the  Pacific  Railroad  Company, 
that  said  company  hereby  approve  and  formally  accept  the  Act  of  the 
Legislature  of  the  State  of  Missouri,  passed  at  the  adjourned  called  session 
of  the  year  eighteen  hundred  and  fifty-two,  and  the  grants  of  lands.  State 
credit,  and  all  other  grants  and  privileges  therein  contained,  according  to 
the  spirit,  meaning,  and  intent  of  said  act,  entitled,  “  An  Act  to  accept  a 
grant  of  land  made  to  the  State  of  Missouri  by  the  Congress*of  the  Uni¬ 
ted  States,  to  aid  in  the  construction  of  certain  railroads  in  this  State,  and 
to  apply  a  portion  thereof  to  the  Pacific  Railroad,” — approved  December 
25th,  1852.  And  that  the  President  of  said  company  cause  a  copy  of  this 
resolution,  authenticated  as  required  in  said  act,  to  be  filed  in  the  office  of 
the  Secretary  of  State  of  the  State  of  Missouri. 

A  true  copy  from  the  minutes  of  the  Board. 

Attest.— SAM’L  COPP,  Jr., 

Sec’y  P.  R.  R.  Co. 


Jefferson  City,  Missouri, 

January  24,  1853. 

Sir: — Your  letter  under  date  January  21,  containing  the  “formal  ac¬ 
ceptance,”  by  the  Pacific  Railroad  Company,  of  the  act  entitled  “  An  Act 
to  accept  a  grant  of  land  made  to  the  State*  of  Missouri  by  the  Congress 
of  the  United  States,  to  aid  in  the  construction  of  certain  railroads  in  this 
State,  and  to  apply  a  portion  thereof  to  the  Pacific  Railroad,”  has  been 
received.  In  reply,  I  have  the  honor  to  inform  you,  the  acceptance  has 
been  filed  in  this  office  in  accordance  with  your  request. 

I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

JOHN  M.  RICHARDSON, 

Secretary  of  State. 

Hon.  Thos.  Allen,  Pres.  P.  R.  R.  Co. 


32 


THE  PLAN  OF  THE  PRESIDENT. 


TO  THE  BOARD  OF  DIRECTORS  OF  THE  PACIFIC  RAILROAD. 

The  charter  of  the  Pacific  Railroad  Company  now  contains  all  the 
powers  and  privileges  that  have  been  asked  for.  The  company  have  a 
right  to  construct  a  line  of  railroad  called  in  the  charter  “  the  Pacific 
Railroad”  from  the  City  of  St.  Louis  via  Jefferson  City  to  any  point  in 
Jackson  County.  This  line  will  be  from  260  to  290  miles  long.  They 
have  also  right  to  build  a  branch  railroad  called  the  “  Southwestern 
Branch  ”  from  any  point  on  the  line  of  the  said  Pacific  Railroad  east  of 
the  Osage  river,  to  any  point  on  the  western  boundary  of  this  State  south 
of  the  Osage  river.  This  branch  will  be  about  300  miles  long. 

The  company  have  also  the  right  to  extend  their  road  to  any  point 
west  of  the  State  of  Missouri.  This  looks  ultimately  to  the  Pacific 
Ocean. 

By  the  act  of  the  Legislature  approved  February  2  2d,  1851,  a  loan  of 
State  credit  was  made  to  the  company  not  to  exceed  $2,000,000. 

By  the  act  of  December  25th,  1852,  an  additional  loan  was  granted  to 
the  company  of  $2,000,000,  and  the  grant  of  lands  made  to  the  State  by 
act  of  Congress  of  June  10th,  1852,  was  transferred  to  the  company  by  the 
same  act.  This  grant  of  lands  was  made  by  Congress  to  aid  in  the  con¬ 
struction  of  a  railroad  from  St.  Louis  to  the  western  boundary  of  the 
State  of  Missouri,  and  the  act  of  the  State- Legislature  requires  the  lands 
to  be  located  and  applied  so  that  this  company  shall  construct  a  railroad 
from  St.  Louis  to  the  western  boundary  of  the  State  south  of  the  Osage 
river.  This  was  to  cover  the  construction  of  the  southwestern  branch 
railroad  and  that  portion  of  the  Pacific  Railroad  laying  between  St.  Louis 
and  the  point  of  divergence  of  the  southwestern  branch.  By  the  same 
act,  all  the  capital  then  subscribed — the  loan  first  authorized  and 
$1,000,000  of  the  new  loan,  together  with  such  portion  of  the  land  grant 
as  should  be  due  to  that  portion  of  road  lying  between  St.  Louis  and  the 
point  of  branching — should  be  appropriated  to  the  Pacific  Railroad  termi¬ 
nating  in  Jackson  County,  and  the  road  to  be  finished  in  five  years.  The 
remainder  of  the  lands  and  one  million  of  State  credit,  to  be  applied  to 
the  southwestern  branch.  No  time  is  fixed  for  completing  that  branch, 
but  the  act  of  Congress  requires  that  the  road  to  which  the  lands  are 
applied  shall  be  finished  in  ten  years,  or  the  lands  unsold  on  the  unfinished 
part  of  the  road  after  that  time  shall  revert  to  the  United  States. 


33 


The  company  is  exempt  from  taxation  until  their  road  is  completed, 
opened  and  in  operation,  and  pays  a  dividend,  or  until  two  years  after  its 
completion  if  it  pays  no  dividend.  The  State  has  asked  no  consideration 
for  the  grant  of  lands  but  the  construction  of  the  road. 

The  condition  precedent  she  affixed  to  the  issue  of  her  bonds  to  the 
Pacific  railroad  in  the  first  instance,  was  a  bona  fide  subscription  to  the 
capital  stock  of  $1,500,000.  This  was  made  and  the  condition  complied 
with.  A  similar  condition  applicable  to  the  one-million  loan  for  the 
southwestern  branch  requires  an  additional  subscription  to  capital  stock  of 
$500,000.  This  can  be  complied  with  if  it  should  be  deemed  important 
to  use  that  loan.  The  total  amount  of  capital  stock  subscribed  at  the 
date  of  your  last  annual  report,  March  28th,  1853,  was  $2,800,000,  (partly 
conditional). 

Of  the  subscribed  capital  only  $1,200,000  had  been  subjected  to  assess¬ 
ment.  On  this,  50  per  cent,  had  been  called,  and  $609,965  paid  up.  The 
amount  of  state  bonds  issued  to  the  company  as  a  loan,  and  for  the  pay¬ 
ment  of  which  the  State  by  law  takes  a  lien  on  your  main  road,  was 
$650,000. 

The  total  amount  expended  by  the  company  for  all  purposes,  to ’date 
of  last  annual  report,  is  $1,378,487  85,  the  particulars  of  which  are  set 
forth  in  the  accompanying  balance  sheet  of  the  Treasurer  marked  A. 
The  first  division,  whose  length  is  about  forty  miles,  will  be  opened  for  busi¬ 
ness  on  the  1st  of  July.  Contracts  are  awarded  for  about  twenty -four 
miles  of  the  second  division  ;  and  the  remainder  of  that  division,  extending 
as  far  as  Jefferson  City,  125  miles  from  the  point  of  beginning,  will  be 
under  contract  in  May. 

All  the  preliminary  surveys  are  completed,  and  about  one  half  of  the 
Pacific  railroad  and  the  greater  part  of  the  southwestern  branch  definitely 
located. 

The  grant  of  lands  to  this  company  extends  to  the  alternate  sections 
on  each  side  of  the  road  for  six  sections  in  width  for  the  entire  length  of 
the  road  from  St.  Louis,  via  the  southwestern  branch  to  the  western 
boundary  of  the  State.  This  is  3,840  acres  for  every  mile  of  road.  The 
length  of  road  to  which  the  lands  are  applicable  will  be  about  340  miles* 

This  gives  the  company  1,305,600  acres  of  land. 

Thomas  S.  O’Sullivan,  Esq.,  the  Engineer  in  Chief,  estimates  the  total 
cost  of  the  two  roads  at  present  rates  as  follows : 

Pacific  Railroad,  290  miles, . $7,220,000 

Southwestern  Branch,  say  300  miles,  ....  7,750,000 


Total, 


$14,970,000 


34 


This  estimate  is  exclusive  of  the  rolling  stock. 

The  means  of  construction  consist  of  subscribed  capital  of  $2,000,000 
Proposed  additional  subscription,  -  1,000,000 


Capital,  -  -  $3,000,000 

Public  loan,  -  4,000,000 

1,305,600  acres  of  land  estimated  at  -  -  -  -  9,500,000 


$16,500,000 

In  order  to  make  the  lands  most  available  for  the  purposes  of  the 
grant,  it  is  not  proposed  to  seH  them  immediately  as  the  work  progresses,  as 
authorized  by  the  act  of  Congress,  but  that  they  should  be  retained  in  the 
actual  possession  of  the  company  until  the  construction  of  the  railroad  shall 
have  caused  such  an  increase  of  population  and  business  as  to  give  them 
a  high  market  value.  The  act  of  the  General  Assembly,  granting  the 
lands,  expressly  confers  tbe  power  to  mortgage  them.  The  course  suc¬ 
cessfully  pursued  in  a  similar  case  in  another  State  suggests,  as  the  most 
judicious  plan,  the  issue  of  bonds  of  the  company  to  pay  the  cost  of  con¬ 
structing  the  road,  secured  in  the  most  perfect  manner  in  your  power. 

By  act  of  Congress  the  donated  lands  shall  be  sold  only  as  the  work 
progresses.  The  work  might  progress  simultaneously  throughout  its  en¬ 
tire  length.  But  the  lands  may  be  sold  under  the  act,  in  manner  follow¬ 
ing  :  Whenever  twenty  miles  of  the  road  are  completed  the  lands  may  be 
sold  on  that  twenty  miles,  and  also  the  lands  on  the  next  twenty  miles  in 
advance,  and  so  on.  This  provision  of  law  was  doubtless  intended  to 
secure  the  faithful  application  of  the-  lands  to  the  construction  of  the 
road,  and  it  is  not  imperative  that  they  shall  be  sold  absolutely  as  fast  as 
each  twenty  miles  of  road  are  completed,  but  they  shall  only  be  sold  as 
the  work  progresses,  and  not  sold  and  the  proceeds  appropriated  to  pri¬ 
vate  uses  and  the  work  left  undone.  And  for  greater  security  the  act  of 
Congress  prescribes  that  if  the  road  is  not  finished  in  ten  years,  the  lands 
unsold  lying  on  that  part  of  the  road  which  shall  be  unfinished  at  the  end 
of  that  time  shall  revert  to  the  United  States.  The  absolute  fee  simple 
title  is  by  the  act  of  Congress  and  of  the  Legislature  of  Missouri  already 
vested  in  the  company,  and  no  part  of  the  lands  can  revert  except  those 
lying  upon  that  part  of  the  line  which  shall  be  unfinished  after  the  lapse 
of  ten  years. 

We  propose  to  raise  funds  sufficient  to  place  the  whole  road  under 
contract,  and  to  mortgage  the  lands  and  the  road  subject  to  the  reversionary 
interest  of  the  government  in  the  lands  only.  We  issue  bonds,  the  pay- 


35 


ment  of  which  is  to  be  secured  by  the  mortgage,  and  the  proceeds  of 
which  are  to  be  applied  to  the  construction  of  the  road  : — the  bonds  to 
bear  seven  per  cent,  interest,  payable  semi-annually  in  the  city  of  New 
York,  and  the  principal  payable  in  twenty  years  after  date,  and  a  portion 
of  them  convertible  into  stock,  but  all  the  bonds  convertible  into  land : — 
such  only  of  the  lands  to  be  taken  as  may  be  open  for  sale  at  the  time 
and  at  prices  to  be  fixed  by  the  company,  and  the  lands  thus  purchased 
must  also  lie  upon  the  finished  part  of  the  road  or  within  twenty  miles  in 
advance  of  such  finished  part,  until  the  whole  road  is  completed.  None 
of  the  mortgaged  lands  to  be  sold  except  in  exchange  for  bonds  or  for 
cash  to  be  applied  to  the  payment  of  bonds.  The  bonds  are  supposed  to 
furnish  ample  means  to  secure  the  completion  of  the  road  and  the  aggre¬ 
gate  sales  of  the  lands  to  cancel  all  the  bonds.  In  the  purchase  of  land 
by  any  bond-holder,  the  relative  security  of  the  rest  is  not  injured,  inas¬ 
much  as  the  proportion  of  land-security  due  to  each  bond  will  remain  the 
same  until  the  whole  are  canceled. 

In  furtherance  of  this  purpose  we  propose  to  classify  the  lands,  and  to 
fix  a  minimum  value  below  which  none  of  them  can  be  sold  as  long  as 
there  is  a  construction- bond  outstanding  and  unpaid.  Each  piece  or  par¬ 
cel  of  land  to  be  appraised  by  our  agents  and  allotted  to  some  one  of  the 
five  following  classes,  viz. : — 

1.  First  class,  consisting  of  lands  specially  valuable  as 

coal  fields,  quarries,  minerals,  water  power,  or  vicinity  of 
towns,  or  as  eligible  town  sites,  50,000  acres,  minimum 
value  $20  per  acre,  - . 

2.  Second  class  of  lands,  of  superior  agricultural  advan¬ 
tages,  150,000  acres,  at  minimum  value  $15  per  acre,  - 

3.  Third  class  of  lands  of  good  agricultural  qualities, 

500,000  acres,  minimum  value  $10  per  acre, 

4.  Fourth  class  of  lands,  of  low  agricultural  qualities, 
within  fifteen  miles  of  the  road  but  capable  of  cultivation, 

200,000  acres,  minimum  value  $5  per  acre, 

5.  Fifth  class  of  inferior  lands,  100,000  acres,  minimum 
value  $2  50  per  acre,  - 


$1,000,000 

2,250,000 

5,000,000 

1,000,000 

250,000 


\ 


Making  an  aggregate  valuation  for  1,000,000  acres  at  $9,500,000 
nine  millions  five  hundred  thousand  dollars. 

The  accounts  to  which  the  proceeds  of  the  construction-bonds  are  to 
be  applied  are  the  general  expenses  of  the  company,  including  pay  of 
officers  and  agents,  graduation,  masonry,  superstructure,  land  and  damages, 


36 


fencing,  buildings,  equipment,  and  all  tbe  appurtenances  of  the  road,  and 
also  part  of  the  interes-twarrants  up  to  the  time  of  the  completion  of  the 
road. 

We  propose  also,  for  greater  security  of  the  interest,  to  set  apart  an 
interest-fund,  to  which  shall  he  appropriated  the  profits  of  the  partial 
operation  on  the  Southwestern  Branch  and  the  remainder  of  the  lands, 
over  1,000,000  obtained  under  the  grant  amounting  to  200,000  or 
250,000  acres.  The  receipts  from  transportation  on  the  Southwestern 
Branch  would  be  appropriated  firstly  to  the  payment  of  all  current  charges, 
such  as  wages,  repairs,  rolling  stock,  &c. ;  and  then  the  interest  until  the 
State  tax  becomes  payable,  when  that  should  be  first  paid ;  and,  after  the 
payment  of  interest,  to  the  payment  of  such  dividends  as  the  Board  of 
Directors  may  order  or  to  such  other  purposes  as  they  may  prescribe. 

THOMAS  ALLEN, 

President. 


St.  Louis ,  April  13,  1853. 


37 


MORTGAGE. 

The  Pacific  Railroad  to  Henry  D.  Bacon,  George  W.  Riggs,  Jr.,  and 
Luther  C.  Clark. 

This  Indenture  of  Mortgage,  made  the  first  day  of  June,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty- three,  between  the 
Pacific  Railroad,  a  Corporation  cseated  by  an  Act  of  the  Legislature  of 
the  State  of  Missouri,  approved  on  the  twelfth  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  forty-nine,  of  the  first  part, 
and  Henry  D.  Bacon,  of  the  City  of  St.  Louis  and  State  of  Missouri, 
and  George  W.  Riggs,  Jr.,  and  Luther  C.  Clark,  of  the  city  of  New 
York,  of  the  second  part,  witnesseth :  Whereas,  the  parties  of  the  first 
part,  for  the  purpose  of  raising  funds  from  time  to  time,  for  the  construc¬ 
tion  and  completion  of  their  Southwestern  Branch  Railroad,  authorized 
by  the  provisions  of  the  Act  of  the  Legislature  of  Missouri,  approved 
December  twenty-fifth,  one  thousand  eight  hundred  and  fifty-two,  and 
for  the  purchase  of  iron  and  other  materials  to  be  used  thereon,  and  in 
part  also  to  aid  in  the  completion  of  the  Pacific  Railroad,  and  for  the 
expenses  of  the  organization  and  maintenance  of  the  said  corporation  and 
compensation  of  the  officers,  agents,  engineers  and  other  necessary  as¬ 
sistants,  propose  to  execute  and  deliver  their  construction -bonds  or  obliga¬ 
tions  in  pursuance  of  the  provisions  of  the  Act  aforesaid,  and  thereby  to 
become  indebted  to  divers  persons,  bodies  politic  or  corporate,  who  shall 
become  holders  of  the  said  construction-bonds  or  obligations,  in  a  sum 
not  exceeding,  in  the  aggregate,  ten  millions  of  dollars,  lawful  money  of 
the  United  States  of  America,  secured  to  be  paid  by  their  ten  thousand 
construction-bonds  or  obligations  of  and  for  one  thousand  dollars  each 
(numbered  from  one  to  ten  thousand),  or  bonds  which  may  be  issued  in 
renewal  of  the  same  or  any  part  thereof,  providing  'for  the  payment  unto 
the  said  persons,  associations,  bodies  politic  or  corporate,  and  their  execu¬ 
tors,  administrators,  successors,  survivors  and  assigns  respectively,  of  the 
said  sums  of  one  thousand  dollars,  named  in  the  said  construction-bonds 
or  obligations  respectively,  on  the  first  day  of  July,  which  will  be  in  the 
year  one  thousand  eight  hundred  and  seventy -three,  and  also  interest  for 
the  same,  at  and  after  the  rate  of  seven  per  centum  per  annum,  payable 

4 


38 


on  the  first  day  of  every  January  and  July,  ensuing  the  date  of  the  said 
construction-bonds  or  obligations,  until  the  principal  sums  named  in  said 
construction-bonds  or  obligations  respectively,  shall  be  severally  paid  and 
satisfied,  in  the  manner  and  form  in  the  said  construction-bonds  or  obli¬ 
gations  set  forth  and  declared,  as  by  reference  thereto  will  more  fully 
appear. 

Now,  therefore,  this  Indenture  witnesseth :  That  the  said  parties  of 
the  first  part,  for  the  better  securing  and  more  sure  payments  of  the  said 
sums  of  money  mentioned  in  the  said  construction-bonds  or  obligations, 
and  each  and  every  of  them,  with  interest  thereon,  according  to  the  true 
intent  and  meaning  thereof,  and  also,  for  and  in  consideration  of  the  sum 
of  one  dollar,  in  hand  paid  by  the  said* parties  of  the  second  part,  at  or 
before  the  ensealing  and  delivery  of  these  presents,  the  receipt  whereof  is 
hereby  acknowledged  :  Have  granted,  bargained  and  sold,  remised,  re¬ 
leased,  conveyed  and  confirmed,  and  by  these  presents,  do  grant,  bargain 
and  sell,  remise,  release,  convey  and  confirm  unto  the  said  parties  hereto 
of  the  second  part,  and  the  survivors  and  survivor  of  them,  and  the 
heirs  and  assigns  of  such  survivor  forever,  all  and  singular  the  several  pieces 
or  parcels  of  land,  being  the  roadway,  stations  and  depots  of  the  railroad 
of  the  said  parties  of  the  first  part,  from  the  point  where  the  said  South¬ 
western  Branch  Railroad  diverges  from  the  line  running  from  St.  Louis  to 
Jackson  County,  to  the  western  boundary  of  the  State  south  of  the  Osage 
River,  and  all  and  singular  the  station  and  depot  buildings,  engine  houses, 
and  other  improvements  and  constructions  thereon  now  made,  or  hereafter 
to  be  made. 

And  also,  all  and  singular  the  several  pieces  or  parcels  of  land,  being 
the  road- way,  stations  and  depots  of  the  line  of  railroad,  called  the 
Pacific  railroad,  authorized  by  said  Act  of  Incorporation,  commencing 
at  the  City  of  St.  Louis  and  running  by  way  of  Jefferson  City  to  a  point 
within  Jackson  County  in  said  State  of  Missouri,  and  all  and  singular  the 
station  and  depot  buildings,  engine  houses  and  other  improvements  and 
constructions  thereon,  now  made  or  hereafter  to  be  made :  together  with 
all  and  singular  the  emoluments,  income  and  advantages,  rights,  fran¬ 
chises,  tenements,  hereditaments  and  appurtenances  to  the  above  de¬ 
scribed  premises,  and  each  and  every  of  them  belonging,  or  in  any  wise 
appertaining,  subject,  however,  to  the  prior  lien  of  the  said  State  of  Mis¬ 
souri  upon  said  last-mentioned  line  of  road,  for  such  amount  of  loan  as 
may  be  made  to  the  said  railroad,  by  the  said  State,  not  exceeding  in 
the  whole  four  millions  of  dollars. 

And  also  one  million  acres  of  land  and  premises  situated,  lying  and  be¬ 
ing  in  the  State  of  Missouri}  adjoining  and  adjacent  to  the  above  described 


39 


Southwestern  Railroad,  parts  and  parcels  of  the  lands  which  were 
granted  to  the  State  of  Missouri,  by  the  act  of  Congress  of  the  United 
States,  approved  the  tenth  day  of  J  une,  one  thousand  eight  hundred  and 
fifty-two,  entitled  “  An  Act  granting  the  right  of  way  to  the  State  of 
Missouri,  and  a  portion  of  the  public  lands  to  aid  in  the  construction  of 
certain  railroads  in  said  State,”  and  by  the  State  of  Missouri  granted  and 
conveyed  in  fee  simple  to  the  parties  hereto  of  the  first  part,  by  act  enti¬ 
tled  “  An  Act  to  accept  a  grant  of  land  made  to  the  State  of  Missouri  by 
the  Congress  of  the  United  States,  to  aid  in  the  construction  of  certain 
railroads  in  this  State,  and  to  apply  a  portion  thereof  to  the  Pacific  Rail¬ 
road”  as  by  reference  thereto  will  more  fully  appear,  subject  to  the  con¬ 
ditions,  reservations  and  limitations  contained  in  the  aforesaid  acts  of 
Congress  and  of  the  Legislature  of  Missouri ;  which  one  million  acres  of 
land  hereby  intended  to  be  conveyed,  are  to  be  selected  by  the  parties 
to  this  indenture  of  the  first  part,  and  specially  set  aside  and  appropriated 
to  the  purposes  of  this  mortgage,  and  proper  schedules  and  lists  thereof 
prepared,  approved  and  confirmed,  under  the  corporate  seal  of  the  parties 
of  the  first  part  in  duplicate,  and  properly  annexed  to  this  indenture  so 
as  to  give  to  the  same  the  effect  of  a  particular  and  detailed  description 
of  each  separate  piece  or  parcel  of  land  set  forth  in  this  indenture  ;  toge¬ 
ther  with  all  and  singular  the  emoluments,  income  and  advantages,  tene¬ 
ments,  hereditaments,  and  appurtenances  thereunto  belonging,  or  in  anywise 
appertaining,  and  the  reversion  and  reversions,  remainder  and  remainders, 
rents,  issues  and  profits  thereof ;  and  also,  all  the  estate,  right,  title  and  in¬ 
terest,  property,  possession,  claim  and  demand  whatever  at  law  or  in  equity, 
of  the  said  parties  of  the  first  part,  of,  in,  and  to  the  same,  and  each  and 
every  part  and  parcel  thereof,  with  the  appurtenances  :  To  have  and  to 
hold  all  and  singular  the  lands  and  premises  hereby  granted,  or  intended 
so  to  be,  and  each  and  every  part  and  parcel  thereof,  with  the  appurten¬ 
ances,  unto  the  said  party  hereto  of  the  second  part,  and  the  survivors 
and  survivor  of  them,  and  the  heirs  and  assigns  of  such  survivor  forever, 
as  joint  tenants  and  not  as  tenants  in  common,  for  the  uses  and  purposes 
in  this  indenture  set  forth  and  declared,  and  subject  to  the  provisions  and 
requirements  of  the  before-mentioned  act  of  Congress  of  the  United 
States,  and  the  before-mentioned  act  of  the  Legislature  of  the  State  of 
Missouri,  and  subject  also  to  the  possession,  control  and  management  of 
the  Directors  of  said  Company,  so  long  as  said  construction-bonds  or  obli¬ 
gations  shall  remain  unforfeited,  by  the  proper  performance  of  all  the 
stipulations  thereof. 

Provided  always,  And  these  presents  are  upon  the  express  condition, 


40 


that  if  the  said  parties  of  the  first  part,  shall  well  and  truly  pay,  or  cause 
to  be  paid,  to  the  holders  of  the  said  const  ruction-bonds  or  obligations, 
and  every  of  them,  the  principal  sums  of  money  therein  mentioned,  ac¬ 
cording  to  the  true  intent  and  meaning  thereof,  with  the  interest  thereon, 
at  the  times  and  in  the  manner  as  hereinafter  provided,  according  to  the 
true  intent  and  meaning  of  these  presents,  that  then  and  from  thenceforth 
this  indenture  and  the  estate  hereby  granted,  shall  cease,  determine,  and 
be  utterly  void. 

And  this  indenture  further  witnesseth,  That  these  presents  and  the 
said  construction-bonds  or  obligations  are  made,  executed  and  delivered 
upon  the  terms,  conditions  and  agreements  following,  that  is  to  say  : 

First.  That  the  actual  possession,  use,  management  and  control  of  the 
said  Railroad,  with  all  the  appurtenances  to  it  belonging,  shall  be  and 
remain  with  the  parties  of  the  first  part,  without  any  molestation  or 
interference  of  the  parties  of  the  second  part,  so  long  as  the  said  con¬ 
struction-bonds  or  obligations  shall  remain  without  default  or  forfeiture, 
and  said  parties  of  the  first  part  shall  perform  and  keep  the  stipulations 
thereof. 

Second.  That  the  one  million  acres  of  land  granted  as  aforesaid  shall 
be  carefully  valued  and  appraised  by  the  said  parties  of  the  first  part, 
their  officers  and  agents,  and  the  relative  value  of  each  piece  or  parcel  of 
land  established,  for  the  purpose  of  division  and  allotment  thereof  into  five 
classes,  of  the  following  number  of  acres  and  valuations,  that  is  to  say  : 


1.  First  class,  consisting  of  lands  of  special  value,  as 
coal-fields,  quarries  of  stone,  minerals,  &c.,  or  from 
peculiarity  of  location,  as  being  near  towns  or  vil¬ 
lages, 

50,000  acres,  minimum  valuation  $20  per  acre, 

2.  Second  class,  of  lands  of  superior  agricultural  quali¬ 

ties  and  location, 

150,000  acres,  minimum  valuation  $15  per  acre, 

3.  Third  class,  of  lands  of  good  agricultural  qualities, 

500,000  acres,  minimum  valuation  $10  per  acre, 

4.  Fourth  class,  of  lands  of  low  agricultural  qualities, 
within  fifteen  miles  of  the  road,  but  capable  of  cul¬ 
tivation, 

7  • 

200,000  acres,  minimum  valuation  $5  per  acre, 

5.  Fifth  class,  of  inferior  lands, 

100,000  acres,  minimum  valuation  $2.50  per  acre, 


$1,000,000 

2,250,000 

5,000,000 

1,000,000 

250,000 


Forming  an  aggregate  valuation  for  1,000,000  acres,  of  $9,500,000 


41 


All  of  which  the  said  parties  of  the  first  part,  with  as  little  delay  as 
practicable,  shall  certify  and  declare  to  the  said  parties  of  the  second  part, 
by  proper  lists  and  schedules,  under  seal,  with  such  description  as  shall 
enable  the  parties  of  the  second  part  to  ascertain  and  establish  the  precise 
location,  position,  and  boundaries,  of  each  and  every  piece  or  parcel  of  said 
land,  and  the  class  to  which  the  same  belongs,  and  the  price  or  sum  for 
which  the  same  may  be  sold  and  conveyed ;  which  price  or  sum  may  be 
varied  and  changed,  from  time  to  time,  at  the  pleasure  of  said  parties  of 
the  first  part.  Provided,  however,  that  the  selling  price  of  any  piece  or 
parcel  of  land  shall  in  no  case  be  less  than  the  minimum  valuation  of  the 
game  hereinbefore  given,  and  of  the  class  to  which  it  is  allotted,  until  the 
aggregate  sum  actually  realized  and  received  in  money,  or  by  the  surren¬ 
der  of  construction-bonds  or  obligations,  as  hereinafter  provided,  shall 
amount  to  the  aggregate  valuation  of  any  of  the  classes  above  set  forth 
and  declared,  when  the  said  parties  of  the  first  part  may  instruct  and  em¬ 
power  the  said  parties  of  the  second  part  to  sell  and  convey  any  remain¬ 
ing  pieces  or  parcels  of  land  of  said  class,  at  such  price  as  they  may  deem 
proper,  even  below  the  minimum  valuation  of  the  class,  but  not  to  alter  or 
change  the  mode  of  selling,  or  the  appropriation  of  the  proceeds  and  receipts 
from  such  sales. 

Third.  That  the  said  parties  of  the  second  part  having  received  from 
the  said  parties  of  the  first  part,  such  said  lists,  schedules,  allotments,  valu¬ 
ations,  and  selling  prices,  shall  and  will  grant,  bargain,  sell,  and  convey  to 
all  persons,  bodies  politic  or  corporate,  applying  for  the  purchase  of  the 
lands  and  premises  above  mentioned,  making  or  tendering  payment 
therefor,  at  prices  not  less  than  the  selling  rates  established  by  the  said 
parties  of  the  first  part,  and  shall  require  in  payment  the  surrender  of  con¬ 
struction-bonds,  or  bond,  nearest  in  amount  to  the  actual  purchase- money 
and  consideration  of  the  conveyance,  and  the  payment  of  the  residue  of 
said  purchase-money  in  cash ;  but  in  no  case  shall  any  piece  or  parcel  of 
land  be  sold  and  conveyed  by  the  said  parties  of  the  second  part,  without 
the  surrender  and  consequent  discharge  of  said  construction-bonds  or  bond. 
And  whenever  any  purchaser  may  tender  construction-bonds  or  bond,  ex¬ 
ceeding  in  amount  the  purchase-money  of  the  land  for  which  application 
is  made,  the  parties  of  the  second  part  may  receive  the  same  and  pay  the 
excess  (provided  the  same  does  not  exceed  two  hundre*d  and  fifty  dollars 
in  anyone  case),  in  money  to  the  purchaser:  the  intent  thereof  being 
thereby  to  anticipate  the  payment  of  said  construction-bonds  or  bond,  by 
the  sale  and  conveyance  of  said  land,  in  manner  aforesaid. 

Fourth.  That  the  said  parties  of  the  second  part  shall  and  will  cancel 


42 


and  discharge  each  and  every  construction  bond,  or  obligation,  and  the 
interest  warrants  thereon,  which  they  may  receive  in  payment  for  land, 
and  as  part  or  the  whole  consideration  of  each  deed  or  sale,  by  defacing 
the  seal  of  the  corporation  on  receipt  thereof,  and  will  make,  or  causq  to 
be  made,  on  or  upon  the  face  thereof,  a  note  or  memorandum,  with  proper 
description  of  the  land  sold  and  conveyed,  with  the  date  of  the  conveyance, 
for  which  the  same  has  been  received  and  canceled,  in  such  manner  and 
form  as  will  enable  the  parties  of  the  first  part  to  trace  and  follow  the  ap¬ 
propriation  of  all  the  said  construction-bonds. 

Fifth.  That  the  said  parties  of  the  second  part  shall  and  will  set  forth 
and  declare,  in  each  and  every  deed  of  conveyance,  the  true  amount  of 
the  purchase-money  of  the  land  and  premises  conveyed,  or  intended  to  be 
conveyed  thereby,  and  the  part  thereof  for  which  a  bond  or  bonds  may 
have  been  received,  with  the  number  and  amount  thereof,  and  also  the 
sum  actually  paid  in  cash  for  the  residue  and  remainder  of  said  purchase- 
money,  and  also  whenever  a  bond  or  bonds  exceeding  the  amount  of  the 
purchase-money  may  have  been  received  in  payment  thereof,  the  amount 
in  cash  actually  refunded  to  the  purchaser,  or  holder  of  said  bond  or  bonds, 
for  such  excess. 

Sixth.  That  the  interest  warrants  of  said  construction-bonds  or  obliga¬ 
tions,  becoming  due  and  payable  during  the  progress  of  the  works  of 
construction,  and  up  to  and  inclusive  of  the  warrants  for  the  semi-annual 
interest,  becoming  due  and  payable  next  after  the  completion  and  actual 
use  of  the  said  Southwestern  Branch  Railroad,  shall  be  paid  from  and  out 
of  the  proceeds  and  avails  of  the  said  construction-bonds  or  obligations,  as 
part  of  the  cost  of  said  road ;  but  that  all  interest-warrants  becoming  due 
and  payable  thereafter,  when  the  said  railroad  shall  be  put  in  operation, 
shall  be  paid  from  and  out  of  the  receipts  and  income  from  the  use  and 
operation  of  the  road,  unless  the  same  be  inadequate  thereto,  which  re¬ 
ceipts  and  income  are  to  be  appropriated  and  applied  to  the  following 
purposes,  and  in  the  following  manner : 

First.  To  the  payment  of  all  current  charges,  such  as  wages,  repairs  of 
road,  rolling  stock,  &c.,  as  usual,  and  to  cover  such  annual  depreciation  as 
shall  maintain  the  rolling  stock  equal  to  its  original  valuation,  and  to 
such  additions  as  may  be  made  thereto  from  capital  accounts,  but  not  in¬ 
clusive  of  new  and  additional  equipment,  except  on  special  order  of  the 
directors,  after  full  provision  for  the  interest :  including,  however,  all  the 
expenses  of  the  incorporation,  which  may  be  ordered  specially  as  a  cur¬ 
rent  charge. 

Second.  To  the  payment  of  lawful  taxes. 


43 


Third.  To  the  payment  of  the  full  amount  of  interest-warrants,  as  they 
semi-annually  mature. 

Fourth.  To  the  payment  of  such  dividends  as  the  directors  may  order 
from  time  to  time,  to  be  paid  to  the  stock  holders,  or  to  such  other  ap¬ 
propriation  as  the  directors  may  order. 

Seventh.  That  the  said  parties  of  the  first  part  shall  and  will  create 
set  aside,  and  preserve  an  interest-fund,  as  further  and  collateral  security 
for  the  punctual  payment  of  all  the  interest-warrants  of  the  said  con¬ 
struction-bonds  or  obligations,  at  the  times  when  the  same  severally  be¬ 
come  due  and  payable,  in  manner  following,  that  is  to  say : 

First.  By  the  appropriation  to  this  fund  of  any  profit  which  may  be 
realized  by  the  operation  of  such  parts  of  the  said  Southwestern  Branch 
road  as  may  be  ready  for  use  before  the  completion  of  the  whole  line. 

Second.  By  the  appropriation  of  the  proceeds  of  sales  of  two  hundred 
thousand  acres  of  the  donated  lands,  set  aside  for  this  purpose,  and  held 
by  the  company  free  from  incumbrance. 

And  this  indenture  further  witnesseth,  That  the  said  parties  of  the  first 
part,  for  themselves  and  their  successors,  do  covenant  and  agree  to  pay 
unto  the  holders  of  the  said  construction-bonds  or  obligations,  respectively, 
the  said  principal  sums  of  money  therein  respectively  mentioned  as  above, 
and  as  expressed  in  said  bonds  or  obligations,  according  to  the  true  intent 
and  meaning  thereof.  And  that  if  default  shall  be  made  in  the  payment 
of  the  interest  upon  the  said  construction-bonds  or  obligations,  so  that  a 
sum  equal  to  one  year’s  interest  on  the  whole  amount  of  the  said  con¬ 
struction-bonds  or  obligations  actually  issued  and  secured  by  these  pres¬ 
ents,  or  if  default  shall  be  m'ade  in  the  payment  of  the  principal  of  said 
construction-bonds  or  obligations,  that  then  and  from  thenceforth  it  shall, 
and  may  be  lawful  for  the  said  parties  of  the  second  part  to  enter  into  and 
upon  and  take  possession  of  all  and  singular  the  said  Railroad,  and  all 
the  property  included,  or  intended  to  be  included  in  this  mortgage,  and 
also  all  the  engines,  tenders,  cars,  carriages,  tools,  machinery,  and  mate¬ 
rials  in  any  way  belonging  or  appertaining  to  said  road  and  branch,  then 
owned  by  said  parties  of  the  first  part,  in  the  same  manner  as  if  the  same 
had  actually  been  included  in  and  held  by  this  indenture  of  mortgage ; 
and  that  the  said  parties  of  the  second  part  shall  and  may,  by  themselves, 
their  officers  and  agents,  take,  receive,  and  collect  the  income  and 
profits  of  said  Railroad  and  Branch,  first  applying  the  same  to  the  pay 
ment  and  discharge  of  all  the  current  expenses  of  said  Railroad  and 
Branch,  and  their  needful  repairs,  and  next  to  the  payment  of  lawful 
taxes  imposed  after  the  completion  of  the  road)  as  provided  in  the  act  of 


44 


the  twenty-fifth  day  of  December,  one  thousand  eight  hundred  and  fifty- 
two,  conveying  the  lands,  and  then  to  the  payment  of  the  interest  and 
principal  of  said  construction-bonds  or  obligations,  in  such  manner  as  they 
may  deem  proper. 

And  further,  That  the  said  parties  of  the  second  part,  having  entered 
into  full  possession  of  said  railroad  and  branch,  and  all  the  equipment 
thereto  belonging,  as  before  provided,  may  proceed  to  sell  and  dispose  of 
the  same,  and  all  and  singular  the  lands,  hereinbefore  particularly  set 
forth  and  described,  remaining  unsold  at  the  time  of  such  entry,  if  any 
there  be,  and  also  each  and  every  piece  or  parcel  of  land  and  premises, 
parts  and  parcels  of  the  land  granted  by  the  State  of  Missouri  to  the  said 
parties  of  the  first  part,  and  which  have  not  been  and  are  not  intended  to 
be  included  in  this  indenture  of  mortgage,  which  may  then  remain  unsold 
and  in  the  possession  of  the  said  parties  of  the  first  part,  in  the  same  man¬ 
ner  as  if  said  lands  had  been  included  in  these  presents,  and  mortgaged 
for  the  purposes  herein  set  forth  and  declared ;  and  may  make  such  sale 
of  the  said  premises,  each  and  every  of  them,  and  all  benefit  and  equity  of 
redemption  of  the  said  parties  of  the  first  part  therein,  at  public  auction, 
giving  reasonable  and  public  notice  of  the  time  and  place  of  said  sale, 
and  as  the  attorney  of  the  said  parties  of  the  first  part  for  that  purpose,  by 
these  presents  duly  authorized,  constituted  and  appointed,  to  make  and 
deliver  to  the  purchaser  or  purchasers  thereof  a  good  and  sufficient  deed 
or  deeds  of  conveyance  in  the  law,  for  the  same,  in  fee  simple,  and  good 
and  sufficient  transfers  and  assignments  of  such  personal  property,  and  out 
of  the  moneys  arising  from  such  sale  and  sales,  to  retain  the  principal  and 
interest  which  shall  then  be  due  on  said  construction-bonds  or  obligations, 
for  the  benefit  of  the  holders  thereof,  together  with  the  costs  and  charges 
of  advertisement  and  sale  of  said  premises,  rendering  the  overplus  of.  the 
purchase  money  (if  any  there  shall  be)  unto  the  said  parties  of  the  first 
part,  their  successors  and  assigns :  which  sale  shall  for  ever  be  a  perpetual 
bar,  both  in  law  and  equity,  against  the  said  parties  of  the  first  part,  their 
successors  and  assigns,  and  all  other  persons  claiming  or  to  claim  the 
premises,  or  any  part  thereof,  by,  from,  or  under  them,  or  either  of  them. 

And  it  is  hereby  mutually  agreed,  by  and  between  the  parties  to  these 
presents,  that  the  said  parties  of  the  second  part,  their  heirs,  executors  or 
administrators,  shall  not  be  answerable  for  the  acts,  omissions,  or  defaults 
of  each  other,  and  that  each  shall  be  responsible  for  gross  negligence  and 
willful  defaults  only. 

And  it  is  further  agreed,  That  the  said  parties  of  the  first  part,  their 
successors,  and  all  and  every  person  or  persons  whomsoever  lawfully  or 


45 


equitably  deriving  any  estate,  right,  title  or  interest  of,  in  or  to  the  prem¬ 
ises  hereinbefore  granted,  by,  from,  under  or  in  trust  for  them,  shall  and 
will  at  any  time  or  times  hereafter,  upon  the  reasonable  request  and  at  the 
proper  costs  and  charges  in  the  law  of  the  said  parties  of  the  second  part, 
their  heirs  and  assigns,  make,  do,  and  execute,  and  cause  to  be  made, 
done,  and  executed,  all  and  every  such  further  and  other  reasonable  acts, 
conveyances  and  assurances  in  the  law  for  the  better  and  more  effectually 
vesting  and  confirming  the  premises  hereby  granted  or  intended  so  to  be, 
in  and  to  the  said  parties  of  the  second  part,  their  heirs  and  assigns  for¬ 
ever,  as  by  the  said  parties  of  the  second  part,  their  heirs  or  assigns,  or 
their  counsel  learned  in  the  law,  shall  be  reasonably  devised,  advised  or 
required. 

In  witness  whereof,  The  said  parties  of  the  first  part,  the  Pacific  Rail¬ 
road  Company,  have  caused  their  corporate  seal  to  be  hereunto  affixed,  and 
these  presents  to  be  signed  by  Thomas  Allen,  their  President,  and  the 
said  parties  of  the  second  part,  the  said  Henry  D.  Bacon,  George  W. 
Riggs,  Jr.,  and  Luther  C.  Clark,  have  hereunto  set  their  hands  and 
seals,  the  day  and  year  first  above  written. 


Sealed  and  delivered  ) 
in  the  presence  of  j 

Wm.  T.  Riggs, 
John  Elliott. 


[Seal]  THOMAS  ALLEN, 

President  Pacific  Railroad. 

Attest:  Samuel  Copp,  Jun., 

Sedy.  P.  R.  R.  Co. 


State  of  New  YorJc,  ) 

City  and  County  of  New  York,  j  SS’ 

Be  it  remembered,  that  on  the  third  day  of  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty- three,  before  me,  the  su,v  3riber, 
a  commissioner  in  and  for  the  State  of  New  York,  duly  commissioned  by 
the  Governor  of  the  State  of  Missouri,  to  take  the  acknowledgement  and 
proof  of  deeds  and  other  instruments  in  writing,  to  be  used  or  recorded  in 
said  State  of  Missouri,  personally  appeared  Thomas  Allen,  President  of  the 
Pacific  Railroad  Company,  to  me  personally  known  to  be  the  same  person 
described  in  and  who  executed  the  foregoing  instrument  of  conveyance,  as 
party  thereto,  and  acknowledged  the  same  to  be  his  act  and  deed,  as  Pre¬ 
sident  of  the  said  Pacific  Railroad  Company,  thereunto  duly  authorized, 
for  the  uses  and  purposes  therein  set  forth. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affix- 
[seal.]  ed  my  official  seal,  the  day  and  year  first  above  written. 

JOHN  ELLIOTT, 

Commissioner  for  the  State  of  Missouri. 


6 


46 


EXTRACTS 


From  the  Annual  Report  of  the  Board  of  Directors. 

Office  Pacific  Railroad,  ) 

St.  Louis,  March  28,  1853.  ) 

1 .  The  total  amount  subscribed  to  the  capital  stock  of  the  company 
to  this  date,  is  something  over  $2,800,000.  This  is  exclusive  of  contrac¬ 
tors’  stock,  the  precise  amount  of  which  cannot  be  ascertained  until  the 
final  settlement  of  contracts.  It  is  also  exclusive  of  any  subscriptions 
made  for  the  Southwestern  Branch.  Nevertheless,  a  considerable  portion 
of  the  above-mentioned  sum  is  conditioned  upon  certain  locations  of  the 
voad  west  of  Jefferson  city. 

The  amount  of  subscriptions  between  St.  Louis  and  Jefferson  city 
(including  Franklin  county  $50,000  and  Cole  county  $50,000,  and 
$23,000  paid  up  in  full),  is  $1,400,750. 

The  amount  subscribed  west  of  Jefferson  city,  on  condition  of  location 
via  Boonville  and  Lexington  (including  $190,000  in  Jackson  county  as 
common  to  both  lines),  is  $1,015,000. 

The  amount  subscribed  west  of  Jefferson  city,  on  condition  of  loca¬ 
tion  via  Johnson  county  (including  $190,000  in  Jackson  county),  is 
about  $550,000. 

The  total  amount  of  subscriptions,  therefore,  due  to  the  line  from  St. 
Louis  to  the  Kansas,  via  Boonville  and  Lexington,  is  $2,415,750.  And 
the  total  amount  due  to  the  line  from  St.  Louis  to  the  Kansas,  via  John¬ 
son  county,  is  $1,950,750. 

2.  The  amount  of  installments  called  in  to  the  present  time,  is  fifty 
per  cent.,  of  which  the  amount  paid  up  is  $609,965. 

3.  The  total  amount  expended,  for  all  the  objects  of  the  company, 
to  21st  of  March,  is  $1,378,487  85. 

4.  The  indebtedness  of  the  company,  including  amounts  due  con¬ 
tractors,  is  about  $75,000. 

The  amount  of  State  bonds  received  to  this  date,  is  $650,000. 

5.  The  actual  amount  of  receipts  and  expenditures  (apportioned) 
exclusive  of  transportation  receipts,  to  the  21st,  will  fully  and  particularly 
appear  from  the  following  report  of  the  Secretary’s  balance  sheet : 


47 


EXHIBIT  A. 

Trial  balance  of  Secretary's  Ledger,  Pacific  Railroad  Company,  ending 
21s£  March,  1853,  and  embracing  all  entries  up  to  Folio  202,  inclu¬ 
sive  of  Journal. 


DEBITS. 


CREDITS. 


Bal.  due  on  stock  subscript’ns.  $915,385  00 


Preliminary  surveys  (P.  R.  R.)  29,057  74 
Interest  and  exchange  account.  29,  698  87 

Location  surveys  (P.  R.  R) .  11,406  55 

Land  and  damages .  156,731  50 

Discount  on  bonds .  11,816  25 

Superintending  construction....  32,168  57 
Balance  in  hands  of  officers  for 

disbursement  unsettled .  9,606  16 

Contractor’s  account .  530,431  13 

Fencing  account .  8,688  10 

Graduation  account .  105,839  80 

Masonry  and  bridges .  47,645  61 

Superstructure .  226,896  44 

Mach,  shops  and  engine  houses  42,445  32 

Gravel  and  hand  cars .  1,039  67 

Passenger  and  baggage  cars.. ..  9,275  58 

Station  buildings .  891  2§ 

Ballasting  account .  11,672  25 

Freight  cars .  16,930  38 

Preliminary  surveys,  I.  M.  B’ch  4,111  28 
“  “S.  W.  “  10,206  27 

Land  grant . 15,830  15 

Tools  and  shop  machinery .  15,326  47 

Water  supply .  1,957  24 

Office  expenses  and  conting’cs  19,862  65 

Locomotives . . .  31,857  34 

Location  surveys,  S.  W.  Br’ch  6,330  35 

Turntables..., . , .  365  36 

Office  expenses,  S.  W.  Branch.  5  75 


$2,203,479  01 


(E.E.) 

St.  Louis,  25th  March,  1853. 


Capital  Stock  Subscription, 
including  only  such  Stock 
as  is  entered  on  Journal...  $1,502,350  00 

Bills  payable .  11,128  69 

Capital  Stock  (paid  up) .  23,000  00 

Samuel  Copp,  jr.,  Treasurer.  90,244  27 

State  of  Missouri,  for  Bonds.  650,000  00 

Premium  on  Bonds .  26,756  05 


Our  preparations  have  been  made  with  reference  to  a  long  road  and 
to  a  first-class  road,  and  with  the  view  of  independence  in  respect  to  re¬ 
pairs  and  to  the  construction  of  cars.  Our  surplus  real  estate  would 
doubtless  sell  at  considerably  enhanced  prices,  and,  if  sold,  reduce  very 


48 


materially  the  actual  charge  to  land  and  damages.  What  is  done,  we 
have  aimed  to  make  of  a  permanent  character,  such  as  is  alone  suitable 
for  a  first-class  road. 

We  have  built  a  machine  shop,  engine  house,  blacksmith’s  shop,  car 
shop,  and  furnished  them  with  tools  and  machinery,  on  the  ground  pur¬ 
chased  of  G.  S.  Chouteau,  about  two  miles  west  of  14th  street  depot.  A 
turn  table,  a  wood  shed,  and  water  tank,  are  placed  at  the  same  station. 
Three  locomotives,  manufactured  at  the  East,  were  put  together  there. 
Two  fair  specimens  of  second-class  passenger  cars  are  now  upon  the  track, 
built  by  the  company  at  their  car  shop,  and  two  of  the  first  class  are  now 
building.  We  have  been  of  opinion  that  the  company  can  build  them 
cheaper  and  better  than  they  can  be  delivered  here  from  the  East.  Two 
first-class  passenger  cars,  built  for  us  by  Eaton  &  Gilbert,  of  Troy,  N.  Y., 
and  sent  here  in  pieces,  will  probably  have  to  be  reconstructed.  The  time 
may  soon  come,  however,  when  it  will  be  more  economical  to  construct 
cars,  as  well  as  locomotives,  by  contract  with  individuals.  We  have  on 
hand  four  passenger  cars,  fifteen  house  cars,  fifteen  open  or  platform  and 
twenty -four  gravel  cars — all  built  in  the  city,  excepting  two  passenger  and 
four  hand  cars — and  all  the  ties,  spikes,  chairs  and  rails  necessary  for  the 
first  forty  miles  of  the  road,  with  its  necessary  sidings  and  turnouts. 
Messrs.  Palm  &  Robertson,  of  this  city,  have  a  contract  to  build  five  loco¬ 
motives  for  this  company  ;  and  the  first  one  (being  also  the  first  ever  con¬ 
structed  west  of  the  Mississippi),  it  is  expected  will  be  completed  within 
the  next  sixty  days.  Another  locomotive,  ordered  at  Patterson  last  fall,  is 
ready  for  shipment.  The  track-laying  has  been  stopped  for  some  time 
past  by  the  unfinished  grading  near  Kirkwood ;  but  is  now  resumed,  and 
we  trust  will  be  steadily  prosecuted  to  the  end  without  further  hindrance. 
The  whole  division  is,  therefore,  nearly  completed,  and  we  hope  by  the 
first  of  July  next  to  pass  over  the  division  in  a  train,  of  which  the  loco¬ 
motive  and  cars  shall  be  of  St.  Louis  manufacture. 

We  need  only  a  rolling  mill  to  turn  out  rails,  and  we  have  all  the 
means  of  railroad  construction  within  our  own  State,  and  need  not  cross 
the  Mississippi  for  a  single  important  article. 

*  The  first  locomotive  (the  Pacific,  No.  3),  was  launched  upon  the  track, 
and  ran  out  with  a  load  of  rails  and  ties  on  the  first  December,  1852. 
The  first  passenger  train  ran  out  to  Cheltenham,  five  miles,  on  the  9th 
December,  and  on  the  23d  of  that  month  commenced  running  regularly. 

The  second  division  will  reach  Jefferson  City,  about  one  hundred  and 
twenty-five  miles  from  St.  Louis.  This  division  is  now  located  through 
Gray’s  Gap  into  the  valley  of  the  Missouri,  and  the  line  follows  that  val- 


Jey  to  Jefferson  City.  The  work,  in  crossing  into  the  Missouri,  about  fif¬ 
teen  miles  from  the  end  of  the  first  division,  will  be  rather  heavy,  but 
should  be  pushed  forward  with  all  possible  expedition.  The  work  along 
the  Missouri  River,  with  the  exception  of  one  tunnel,  will  be  mostly  side- 
hill  work,  and  should  be  comparatively  of  prompt  construction.  Propo¬ 
sals  have  been  invited  from  contractors,  to  close  by  the  first  of  April  for 
the  first  twenty  miles,  and  by  the  first  of  May  for  the  remainder  of  the 
division. 

The  engineer  estimates  the  cost  of  grading  and  bridging  the  second 
division — in  other  words,  preparing  the  road-bed  for  the  track — at 
$1,500,000.  The  length  of  the  second  division  is  eighty-eight  miles.  In 
order  to  complete  this  work  as  soon  as  practicable,  the  stockholders  will 
doubtless  be  willing  to  pay  up  their  subscriptions  in  full  within  the  next 
eighteen  months. 

A  special  call  of  ten  per  cent,  has  been  made  upon  the  stockholders 
residing  on  the  second  division,  payable  the  first  of  May. 

The  estimates  of  the  engineer,  based  upon  surveys,  from  the  end  of 
the  first  division,  to  complete  the  road,  are  as  follows  : 

PACIFIC  RAILROAD  TO  JACKSON  COUNTY. 

( Only  one  of  these  routes  to  be  adopted.) 

Length,  via  Boonville  and  Lexington,  to  the  boundary, 

Cost,  ------ 

Length,  via  Johnson  county,  to  the  boundary, 

Cost,  ..... 

SOUTH  WESTERN  BRANCH. 

Length  from  end  of  first  division,  -  -  -  300  miles. 

Cost,  -  -  -  -  -  $7,800,000. 

These  estimates  are  exclusive  of  rolling  stock  and  land  damages. 

Congress  at  its  recent  session  appropriated  $150,000  to  the  survey  of 
routes  for  a  railroad  across  the  continent,  to  connect  the  Atlantic  States 
with  the  Pacific.  This  is,  in  fact,  the  beginning  of  the  great  Pacific  Rail¬ 
road  ;  and  it  now  behooves  us  to  push  on  both  our  lines  with  increased 
energy,  so  that  we  shall  be  in  a  position  to  reach  that  road  whatever  route 
for  it  may  be  adopted.  Our  line  to  the  southwest  looks  to  the  direction 
of  the  Canadian  and  the  southern  route,  while  our  line  to  the  Kanzas 
points  to  the  central  and  also  to  the  northern  route.  Our  Legislature 
have  granted  this  company  the  right  to  extend  their  road  to  any  point 
west  of  the  boundary,  even  to  the  Pacific.  Our  position  is,  therefore,  fa¬ 
vorable  for  an  inevitable  connection  with  the  National  Pacific  Road.  If 


254.81  miles. 

$6,576,000. 
243.73  miles. 
$6,200,000. 


50 


it  should  happen  that  a  route  should  be  adopted  connecting  with  either 
of  our  lines,  the  stock  of  this  company  will  certainly  he  a  prize.  Looking 
to  the  probabilities  in  our  favor,  and  to  the  munificent  grant  of  lands  made 
to  this  company,  as  well  as  to  the  general  position  and  relations  of  our 
road,  the  stock  of  this  company  must  be  admitted  to  be  of  most  excellent 
promise. 

The  guage  adopted  by  this  company  (five  feet  six  inches)  has  been 
adopted  as  the  guage  of  Missouri,  and  it  has  also  been  adopted  by  the 
New  Orleans  Great  Western  Railroad,  which  is  looking  to  a  connection 
with  our  road  and  with  the  road  to  California.  It  is  highly  important 
that  this  should  be  the  guage  of  all  railroads  west  of  the  Mississippi. 

Respectfully  submitted, 

THOMAS  ALLEN, 

President. 


51 


ESTIMATE  OF  PROBABLE  BUSINESS  AND 
ULTIMATE  COST, 

WITH  STATISTICAL  TABLES  OF  POPULATION  AND  PRODUCTS 
OF  THE  COUNTRY. 


Pacific  Railroad,  ) 

Engineer's  Office ,  St.  Louis ,  April  18, 1853.  j 

Thomas  Allen,  Esq.,  President  Pacific  Railroad. 

Sir: — In  obedience  to  your  request,  I  herewith  furnish  you  a 
statement  illustrative  of  the  probable  amount  of  annual  business  on  the 
route  of  the  Pacific  Railroad  through  this  State,  and  on  the  Southwest 
Branch  of  the  road.  Estimates  of  business  to  be  expected  on  a  new  route 
of  railroad  are,  at  best,  uncertain,  but  they  generally  prove  below  the 
truth.  In  these  estimates,  I  have  aimed  to  make  them  so  moderate  that 
all  acquainted  with  the  country  may  simply  be  satisfied  that  more  busi¬ 
ness  than  I  have  stated  may  be  expected. 

The  estimate  of  cost  is  based  on  the  experience  gained  in  the  construc¬ 
tion  of  the  first  division,  where  peculiar  difficulties  have  been  met,  and  is, 
I  think,  ample. 

I  have  considered,  the  U.  S.  Census  returns  for  1850  furnished  the 
most  reliable  data  for  estimate.  Accompanying  this,  are  abstracts  from 
the  census,  showing — 

1st.  Population  and  principal  agricultural  products  of  the  soil  within 
twenty  miles  of  route  of  main  line  of  Pacific  Railroad  through  this  State. 

2d.  The  same  for  the  Southwest  Branch. 

3d.  A  condensed  statement  of  the  principal  agricultural  products  of 
that  portion  of  the  State  which  will  be  tributary  to  the  traffic  of  the  South¬ 
west  Branch. 

The  route  of  the  Pacific  Railroad  proper  is,  in  reference  to  navigable 
streams,  inland  from  St,  Louis,  for  about  fifty  miles.  Thence  to  Jefferson 
City,  75  miles,  the  valley  of  the  Missouri  river  is  followed.  Beyond  this, 
the  Legislature  of  the  State  has  fixed  the  route  inland,  through  the  rich 


52 


prairies  of  the  counties  of  Miniteau,  Pettis,  Johnson,  Lafayette,  and  Jack- 
son,  to  the  Missouri  river  at  Kanzas,  on  the  State  line ;  distant  from  St. 
Louis  about  two  hundred  and  eighty  miles. 

This  route,  to  a  certain  extent,  comes  into  competition  with  the  navi¬ 
gation  of  the  Missouri  river ;  but  this  navigation  is  at  all  times  tedious,  and 
for  one-third  of  the  season,  intricate  and  dangerous.  The  average  time 
made  by  steamboats  up  stream,  including  stops,  does  not  exceed  five  miles 
an  hour,  and,  the  boats  having  to  lay  by  at  night,  the  average  time  down 
stream  is  not  more  than  seven  miles.  The  risk,  delay  and  cost  attending 
freighting  by  this  river,  will  make  competition  with  it  comparatively 
easy. 

But,  to  be  on  the  safe  side,  I  have  assumed  that  no  business  will  cross 
the  river  to  reach  the  railroad,  and  have  only  assumed  in  estimating  busi¬ 
ness,  a  strip  of  country  as  tributary  to  this  road,  bounded  on  the  north 
by  the  Missouri  river  and  on  the  south  by  a  line  twenty  miles  distant  from 
the  road. 

The  Southwest  Branch  passes  inland  its  whole  length,  developing 
a  country  that,  up  to  this  time,  has  had  no  convenient  access  to  a  market. 
In  estimating  the  business  on  this  route,  I  have  taken  the  part  of  the 
State  that,  considering  other  proposed  roads,  is  naturally  tributary.  The 
following  extract  from  the  report  of  the  engineer,  J.  K.  Ford,  in  charge 
of  that  branch,  gives  a  fair  idea  of  the  country  passed  through  : — 

“For  the  more  conveniently  considering  this  subject,  I  have  divided 
the  portion  of  the  State  tributary  to  this  road  into  three  portions,  each  of 
which  has  its  distributive  characteristics  of  soil,  mineral  and  agricultural 
products,  and  of  the  grades  and  curves  on  that  portion  of  the  road  within 
its  limits. 

“  The  first  division  extends  from  the  main  stem  of  the  Pacific  Railroad 
about  forty  miles  from  St.  Louis,  near  the  west  line  of  St.  Louis  county, 
to  the  Gasconade  river,  at  the  mouth  of  Little  Piney,  a  distance  of 
about  ninety  miles.  The  line  is  mostly  on  the  ridge,  or  divide,  between 
the  waters  of  the  Meramec  and  those  of  the  Bourbeuse  ;  it  descends  the 
valley  of  Beaver  Creek  to  Little  Piney,  and  down  that  stream  to  its 
mouth. 

“  The  country  traversed  by  and  tributary  to  this  portion  of  the  road, 
is  rich  in  iron,  lead  and  copper ;  the  Meramec  iron  works  are  within  six 
miles  of  the  road,  and  several  mines  of  lead  and  copper  are  now  success¬ 
fully  worked. 

“  There  are  two  iron  works  on  the  Meramec  ;  the  Moselle,  at  the  mouth 


53 


of  the  Bourbeuse,  and  the  Meramec  or  James’  at  the  Great  Spring,  near 
the  mouth  of  the  dry  fork  of  the  Meramec. 

“  James’  works  consists  of  one  furnace,  several  bloomeries  and  a  rolling 
mill.  Their  ore  banks  are  inexhaustible,  and  their  iron  of  superior  qua¬ 
lity.  Their  water  power  is  the  best  in  the  State.  Another  iron  furnace 
has  been  commenced  on  the  south  side  of  the  Meramec,  near  the  Moselle 
works ;  but  operations  have  been  suspended  for  thepresent,  though  not 
because  of  any  deficiency  of  ore . 

“  Iron  ore  is  in  sufficient  abundance  on  other  parts  of  the  Meramec  to 
warrant  the  erection  of  furnaces,  if  proper  facilities  were  afforded  for  send¬ 
ing  the  products  to  market. 

“  The  lead  furnaces  on  the  Meramec,  are  as  follows,  to  wit ;  Thews  & 
Valles’,  which  smelts  the  products  of  the  Mount  Hope  and  Cove  leads. 
These  leads  are  vertical,  and  of  good  strength,  and  will  produce  perma¬ 
nent  yield  of  ore.  I.  N.  Inge’s  furnace  is  ‘  Virginia  Lead,’  the  richest 
and  strongest  vertical  lead  vein  ever  opened  in  the  United  States,  but  not 
worked  very  much  now,  for  want  of  capital  and  mining  enterprise  to 
work  it  below  its  present  levels,  now  about  260  feet  from  the  surface, 
to  which  depth  it  has  been  worked  by  horse  power.  There  are  three 
other  lead  furnaces  on  the  Meramec — Gallaher’s,  Hibler’s,and  Chapman’s. 
The  yield  of  these  furnaces  is  not  known,  nor  are  they  in  blast  but  part 
of  the  time,  as  no  steady  mining  is  carried  on  in  their  vicinity,  for  want 
of  the  requisite  capital,  and  mining  experience  to  penetrate  below  the 
mere  surface  of  the  earth,  and  for  want  of  transportation. 

“  No  vertical  lead  veins  have  been  discovered  above  the  ‘  Virginia 
Lead ;  ’  but  nearly  every  hill  bordering  the  Meramec,  from  this  point  to 
the  Courtois  creek,  a  distance  of  about  forty  miles,  will  yield  more  or  less 
lead ;  the  formation  being  that  of  magnesian  limestone,  known  as  the 
‘  lead  bearing  rock.’  The  lead  ore,  so  far  as  discovered,  exists  in  hori¬ 
zontal  layers,  beds  or  veins  (in  this  region)  at  different  elevations,  which 
have  not  been  opened,  except  in  a  few  instances.  The  mining  now  car¬ 
ried  on  consists  in  searching  for  the  loose  ore  beneath  the  clay  on  the 
sides  of  the  hills,  where  its  rocky  inclosure  has  decayed,  and  left  the  ore 
free,  and  easily  to  be  obtained  by  the  pick  and  shovel  of  the  most  inex¬ 
perienced  miner.  When  capital  and  mining  experience  are  entered  in 
business,  it  is  believed  the  yields  of  lead  ore  on  the  Meramec  will  be  very 
large. 

“  In  addition  to  the  lead  veins  already  referred  to,  there  are  several 
other  mines  which  yield  well,  though  not  yet  proven  to  be  vertical  veins. 
These  are  the  Gonerelly  and  Berthold  mine,  the  Thomas  mine,  Clark 

6 


54 


and  Westover  mines,  Green’s  diggings,  Mineral  Hill  diggings,  and  Frank 
and  William’s  mines,  all  of  which  yield  well,  when  mined  with  judgment. 
There  are  two  copper  furnaces,  one  owned  by  the  Stanton  Copper  Com¬ 
pany  of  St.  Louis,  the  other  by  the  Meramic  Copper  Company.  Only 
one,  the  Stanton  Copper  Company’s,  has  been  in  operation  the  last  year. 

“Each  company  own  several  valuable  copper  mines  along  the  Mera¬ 
mec. 

“  Clark  and  Hibler  also  own  several,  which  have  been  only  far  enough 
explored  to  show  that  they  were  valuable  mines. 

“  Mr.  A.  Park  is  owner  of  several  copper  mines  of  value,  and  has  been 
opening  one  or  two  the  last  year  on  the  Indian  Creek,  a  tributary  of  the 
Meramec.  None  of  these  mines  except  those  of  the  Stanton  Copper 
Company  have  been  opened  deeper  than  can  be  done  by  a  common 
hand  windlass,  yet  the  yield  has  in  some  instances  been  very  promising. 
The  Stanton  Copper  Company  have  been  working  with  horse  power  the 
last  year  ;  and  the  rich  yield  of  their  mine  has  induced  them  to  resort  to 
steam  power,  in  order  to  descend  to  greater  depths,  and  richer  ores. 

“As  an  agricultural  country,  it  is  not  equal  to  the  region  farther  west; 
the  ridges  are  rocky  and  not  very  fertile — but  the  valleys  are  very  pro¬ 
ductive. 

“  The  second  division  extends  from  the  mouth  of  the  Little  Piney  to 
Springfield,  a  distance  of  about  one  hundred  and  fifteen  miles.  Immedi¬ 
ately  to  the  south,  on  the  head  waters  of  the  Meramec,  St.  Francis,  Big 
Black,  and  Current  river,  and  on  the  tributaries  of  the  Gasconade,  are 
very  extensive  pine  forests.  The  pine  from  the  head  waters  of  Indian 
Creek,  the  Bazile,  and  Courtois  will  find  its  way  to  market  over  the 
Southwestern  Branch,  though  it  lies  from  twelve  to  twenty  miles  from 
the  line  of  road.  But  the  largest  portion,  for  the  present,  will  come 
from  the  Piney  Creek,  and  other  parts  of  the  waters  of  the  Gasconade. 
It  is  estimated  that  there  are  from  thirty  to  forty  pine  saw-mills  on  these 
waters,  the  products  of  which,  sent  down  the  river,  are  from  three  to  four 
million  feet  annually.  The  dangers  and  uncertainties  of  the  river  navi¬ 
gation  operate  to  the  serious  injury  of  this  trade.  Some  of  the  large 
lumber  dealers  were  nearly  ruined  last  year,  by  the  loss  of  rafts  on  the 
Missouri.  There  is  good  reason  for  believing  that  all  the  lumber  sent  to 
St.  Louis  will  seek  conveyance  by  the  railroad,  and  in  addition  a  large 
business  be  established  for  the  broad  prairie  plains  of  the  southwest. 

“  The  line  after  leaving  the  valley  of  the  Gasconade,  lies  upon  the  ridge 
between  the  Osage  and  Gasconade.  For  the  first  thirty  miles  the  ridge 
is  narrow,  crooked  and  undulating :  from  this  westward  the  character  of 
the  country  begins  to  change,  the  ridge  becomes  broader,  the  declivities 


55 


are  less  abrupt,  the  valleys  wider,  and  a  larger  proportion  of  the  land 
seems  to  be  fertile  and  productive.  I  am  not  aware  of  any  minerals  hav¬ 
ing  been  discovered  in  this  division. 

“The  third  division  extends  from  Springfield  to  the  State  line,  a  dis¬ 
tance  of  about  ninety-five  miles.  About  thirty  miles  west  of  Springfield, 
the  line  leaves  the  summit  between  the  Osage  and  White  River  waters ; 
and  passing  down  one  branch  of  Spring  River,  and  up  another,  it  crosses 
into  the  valley  of  Clear  Creek,  down  that  to  Shoal  Creek,  and  down  that 
to  the  mouth  of  Hickory  Creek,  near  Neosho,  then  up  a  small  tributary 
of  Hickory,  to  the  head  of  Lost  Creek,  and  down  that  stream  to  the  State 
line  at  a  point  about  twenty-five  miles  north  of  the  Arkansas  line. 

“  The  region  traversed  by  this  division  is  of  the  richest  and  most  fer¬ 
tile  nature  ;  broad  prairies  slightly  undulating,  wide  valleys,  gentle  decliv¬ 
ities  of  varied  character,  but  all  fertile,  constitute  the  greater  portion  of 
this  part  of  the  State.  Near  Neosho,  the  line  passes  through  an  immense 
deposit  of  lead  ore,  which  has  been  found  to  extend  over  an  area  of  more 
than  five  hundred  square  miles.  The  ore  is  exceedingly  abundant,  and 
easily  mined,  it  yields  over  70  per  cent,  of  lead,  of  the  best  and  softest 
quality.  At  present  only  one  furnace  is  employed  in  smelting  the  lead, 
and  that  is  only  worked  two  or  three  months  in  the  year.  The  pigs  are 
hauled  in  wagons  twenty  miles  to  the  Neosho  river,  sent  in  flat  boats 
down  to  Fort  Smith,  and  thence  in  steamboats  down  the  Arkansas,  and 
Mississippi  to  New  Orleans,  and  thence  by  sea  to  New  York.  This  can 
only  be  done  for  a  few  months  in  the  spring ;  and  though  the  profits  are 
sufficiently  remunerative,  the  great  want  of  capital  has  hitherto  prevented 
the  working  these  mines  to  any  great  extent.  It  would  be  difficult  to 
estimate  correctly  the  amount  that  would  be  made  and  sent  to  market, 
were  there  a  regular,  cheap  and  speedy  communication  by  railroad  with 
St.  Louis. 

“  Coal  is  also  found  in  the  vicinity  of  the  line,  and  Shoal,  Hickory 
and  Spring  Creeks  on  the  north,  and  Buffalo  on  the  south,  afford  abund¬ 
ant  supplies  of  power  for  machinery.  For  some  of  the  information  given 
above  I  am  indebted  to  Dr.  Reed.” 

Beyond  the  terminus  lies  a  vast  and  fertile  territory  now  inhabited  by 
the  numerous  Indian  tribes  accumulated  there  by  the  policy  of  the  govern¬ 
ment.  Many  of  these  tribes  are  partially  civilized  and  engaged  in  agri¬ 
culture.  Immediately  beyond  lay  fields  of  salt ,  and  thousands  of  acres 
covered  with  gypsum. 

In  the  following  estimate  of  business,  I  have  assumed,  using  data  fur¬ 
nished  by  census  returns  of  1850,  that  within  two  years  of  construction  of 


56 


road,  the  principal  agricultural  products — such  as  wheat,  tobacco,  hemp, 
hay,  butter,  cheese,  &c.,  &c. — or  an  equivalent  in  weight  to  the  amount 
now  raised,  will  he  annually  sent  to  market.  That  the  corn  and  oats,  form¬ 
ing  now  the  great  bulk  of  produce,  will  not  be  sent  to  market,  but  will 
be  fed  to  stock,  and  that  one  quarter  of  the  horses  and  cattle,  half  of  the 
sheep  and  swine,  now  raised,  or  an  equivalent  in  weight,  will  be  annually 
sent  to  market.  For  passengers,  I  presume  that,  from  the  country  tribu¬ 
tary,  one  quarter  of  the  population  will  go  and  return  once  in  the  year 
to  St.  Louis,  and  half  will  go,  as  way  passengers,  an  average  distance  of 
twenty  miles. 

As  the  through  trade  from  the  S.  W.  Branch  must  pass  over  a  portion 
of  the  main  line,  I  will  first  estimate  the  business  on  Branch. 

Items  added  to  census  returns  will  be  seen  in  the  estimate. 

Estimate  of  business  to  be  expected  on  the  Southwest  Branch  of  the 
Pacific  Railroad. 


FREIGHT. 

From  the  country  tributary  to  this  branch,  the  census  returns  show 
the  principal  agricultural  products  (exclusive  of  corn  and  oats)  to  be — 
Principal  agricultural  products,  -  -  tons,  19,522. 

One-quarter  of  horses  and  cattle,  -  No.  52,511. 

One-half  of  sheep  and  swine,  -  -  “  201,680. 

This,  at  2j  cents  per  ton  per  mile,  with  some 
addition  for  minor  products,  would  fairly  yield  an 
123,000  equivalent  to  tonnage  of  123,000  tons,  with  average 
distance  at  180  miles  to  St.  Louis  and  between  way- 
stations, 

The  saving  in  transportation  for  iron,  to  the  near¬ 
est  furnace  will  be  about  $3.75  per  ton.  There  are 
now  three  at  work.  I  assume  ten  iron  furnaces, 
producing  2,000  tons  annually,  which  is  said  to  be 
the  average  of  the  Ohio  furnaces.  Part  of  this  will 
17,000  go  westward:  I  estimate  17,000  tons  iron  to  go  to 
St.  Louis.  Average  distance  on  branch  54  miles, 

2£  cents  per  ton  per  mile,  ... 

3,000  tons  iron  to  go  westward,  average  distance,  100 
miles,  2\  cents  per  ton  per  mile, 

5,000  tons  of  lead  and  copper,  from  the  furnaces  on  Mera- 
mec,  from  first  division.  Average  distance  on 
branch  54  miles,  2-j-  cents  per  ton  per  mile, 


$553,000 

22,950 

7,500 

12,500 


57 


5,000  tons  lead  from  third  division,  (near  Neosho.)  Av¬ 
erage  distance,  264  miles,  at  2  cents  per  ton  per 
mile,  ------ 

The  lumber  from  second  division,  on  Gasconade 
River,  will  make  much  business.  Assuming  18 
mills  at  work  250  days  of  the  year,  at  2,000  feet 
per  day,  the  amount  would  be  9,000,000  square 
feet,  or  about  10,000  tons.  The  additional  facilities 
afforded  by  the  railroad  will  increase  demand,  but 
6,000  I  only  asssume  6,000  tons  to  St.  Louis.  Average 
distance  on  branch,  90  miles,  at  2£  'cents  per  ton 
per  mile,  - 

2,000  tons  westward.  Average  distance  on  branch,  100 
miles,  at  2  J  cents  per  ton  per  mile, 

Coal  will  be  taken  from  the  S.  W.  Branch  and 
brought  from  main  line  of  Pacific  Road,  for  use  in 
10,000  furnaces.  This  may  safely  be  estimated  at  10,000 
tons.  Average  distance,  100  miles,  at  l£  cents  per 
ton  per  mile,  - 

Produce  will  be  brought  from  the  N.  W.  part  of 
Arkansas,  and  from  the  rich  prairies,  fertile  for  agri¬ 
cultural  products  and  rich  in  mineral,  coal  and  salt, 
immediately  west  of  the  State  line.  This  may  safely 
10,000  be  estimated  at  10,000  tons.  Average  distance  to 
St.  Louis  and  way-stations,  200  miles,  at  2j  cents 
per  ton  per  mile,  - 

Experience  has  shown  that  at  least  one-tenth  of 
the  whole  tonnage  of  a  railroad,  is  made  up  of  mer¬ 
chandise  going  into  the  country.  This  freight  bears 
a  higher  charge,  and  may  be  safely  estimated  at 
10,000  tons  merchandise  at  4  cents  per  ton  per  mile, 

Mail  and  express  service,  about, 

191,000.  Total  freight  business,  - 


PASSE  NGERS. 

Using  the  data  from  census  returns,  it  may  safely 
be  estimated  that,  from  the  country  tributary,  one- 


26,400 


13.500 
5,000 

12.500 


50,000 

72,000 

20,000 

$795,850 


58 


fourth  of  the  population  will  go  to  St.  Louis  once 
in  the  year,  and  one-half  will  he  carried,  as  way- 
passengers,  an  average  distance  of  20  miles.  This 
23,500  gives  23,500  passengers,  180  miles,  for  the  State,  to 
and  from  St.  Louis,  at  2-J*  cents  per  mile, 

47,000  way-passengers,  20  miles,  - 

There  may  be  estimated — 

4,000  passengers  from  St.  Louis  and  returning,  average 
distance  of  150  miles,  at  2-J-  cents  per  mile, 

5,000  passengers  to  and  from  Arkansas  and  the  plains 
west  of  the  State  line.  Average  distance  200  miles, 
at  2J  cents,  - 


210,150 

23,000 

30,000 

25,000 


79,500  Total  passenger  business,  -  -  $288,150 

'  Total  freight,  $795,850 

Total  passengers,  288,150 

Total  estimated  business - $1,084,000 

Deduct  50  per  cent,  for  expenses,  542,000 

- $542,000 

Estimated  cost  of  Southwest  Branch,  exclu¬ 
sive  of  cars  and  engines,  -  $7,782,000 

I  had  estimated  $375,000  for  cars  and  en¬ 
gines,  but,  for  the  above  business,  this 
should  be  -  -  750,000 


$8,532,000 

Shewing  dividend  of  about  6J  per  cent. 


Estimate  of  business  to  be  expected  on  the  Pacific  Railroad,  through 
Missouri ,  from  St.  Louis  to  Kanzas. 

FREIGHT. 

I  will  here  repeat  that  as  this  route,  in  part,  competes  with  the  Mis¬ 
souri,  I  only  assume  business  from  census  returns,  as  from  south  of  the 
river. 

From  the  country  south  of  the  Missouri  river  to  a  line  twenty  miles 
south  of  the  Pacific  Railroad,  the  census  returns  show  : — 

Principal  agricultural  products,  -  -  Tons,  50,000 

One-fourth  horses  and  cattle,  -  -  No.  40,000 

One-half  sheep  and  swine,  -  No.  175,000 


59 


This  at  2£  cents  per  ton  per  mile,  with  some 
addition  for  minor  products,  would  fairly  yield  an 
129,000  equivalent  to  129,000  tons,  with  average  distance  of 
180  miles,  equal  to  - 

10,000  tons  merchandise  from  St.  Louis,  150  miles,  at  4 
cents  per  mile,  -  - 

From  the  Osage  River  for  some  distance  west¬ 
ward,  the  road  passes  near  extensive  fields  of  cannel 
20,000  coal.  It  may  safely  be  estimated  that  20,000  tons 
will  be  taken  to  St.  Louis,  average  distance  125 
miles,  at  1  \  cents  per  ton  per  mile — about 

For  freight  received  from  Upper  Missouri,  Santa 
Fe,  Salt  Lake,  California,  &c.,  and  for  return  freight, 
and  for  government  stores,  it  may  be  stated  as  not 
20,000  less  than  20,000  tons — average  distance  280  miles, 
at  2j  cents  per  mile,  - 

130,000  tons — produce  and  iron  from  Southwestern  Branch, 
40  miles,  at  2j  cents,  - 

10,000  tons — merchandise  to  Southwestern  Branch,  40  miles, 
at  4  cents,  - 

Mail  and  express,  about,  - 

319,000  tons.  Total  freight, 


PASSENGERS. 

One  quarter  of  the  population  (exclusive  of  St. 
Louis  county),  in  the  strip  of  country  south  of  Mis¬ 
souri,  for  through  passengers,  and  one-half  for  way 
passengers  at  20  miles  each,  gives 
23,000  passengers,  average  distance  150  miles,  at  2^-  cents, 
46,000  do  do  20  do  “  do 

To  this  may  be  added  one-tenth  and  one-fifth  of 
the  residents  on  the  north  side  of  the  river  within 
20  miles — 

5,000  passengers,  average  distance  180  miles,  at  2 £  cents 
per  mile,  - 

10,000  do  do  20  do  “  do 

There  may  be  estimated  for  passengers  for  Salt 


$580,500 

60,000 

32,000 

140,000 

130,000 

16,000 

20,000 

$978,500 


103,500 

23,000 


22,500 

5,000 


60 


Lake,  California,  the  Upper  Missouri,  officers  of  the 
army  and  agents  of  government 
20,000  passengers,  an  average  distance  of  200  miles,  at  2-J- 

cents,  -  -  -  -  -  50,000 

For  pleasure  travel,  from  St  Louis  to  the  Mera- 
mec,  Sulphur  Springs,  and  for  way  business  from 
neighboring  villages  and  settlements,  being  now 
made  there,  may  be  estimated  an  average  of  60  a 
day  each  way — 

45,000  for  10  miles  equal  to  45,000  at  25  cents,  -  -  11,250 

32,000  passengers  from  Southwestern  Branch,  40  miles  and 

return,  -  64,000 


181,000  Total  passenger  business, 

Total  freight,  ... 
Total  passengers,  - 

Total  estimated  business, 

Deduct  50  per  cent,  for  expenses, 


Estimated  cost  exclusive  of  cars  and  engines, 
Add  for  engine  and  cars,  - 

Showing  a  dividend  of  about  7§  per  cent. 
A  summary  of  the  two  routes  shows  : 
Estimated  cost,  (exclusive  of  engines  and  cars), 
Engines  and  cars,  - 


From  earnings  of  the  two  routes,  - 
Deduct  for  expenses, 


$279,250 

$978,500 

279,250 


$1,257,750 

628,750 


$629,000 

-  $9,483,000 

750,000 


$8,233,000 


-  $15,265,000 

1,500,000 


$16,765,000 

$2,341,780 

1,170,780 


$1,171,000 


This  is  about  7  per  cent,  on  the  cost. 


In  the  above  estimates,  I  have  been  much  governed  by  the  census  re¬ 
turns,  and  have  been  led  to  some  results  that  my  judgment  might  reject. 


61 


It  will  be  seen  that  the  freight  business  from  the  Southwestern  Branch  is 
estimated  as  less  than  from  the  Pacific  Road  proper,  and  the  passenger  busi¬ 
ness  greater.  It  would  probably  be  the  reverse.  This  is  caused  by  the 
present  partial  development  of  the  main  line  by  the  Missouri  River,  giving 
a  large  proportion  of  present  improved  land  in  a  comparatively  narrow  strip, 
while  the  passengers  from  the  north  side  of  the  river  I  have  supposed  to  be 
accommodated  to  a  considerable  extent  by  the  North  Missouri  Railroad. 
But  I  have  preferred  showing  the  results  from  the  data  assumed,  believing 
that  the  business  two  years  after  completion  of  roads  will  in  reality  exceed 
the  estimate.  The  increase  of  population,  and  the  stimulus  given  to  the 
energy  of  the  inhabitants  by  the  business  that  will  be  created  in  building 
the  roads  will  double  the  products,  as  given  in  the  census,  before  the  road 
can  be  finished.  The  southwest  part  of  the  State  is  now  almost  shut  from 
market,  and  little  is  sent  but  stock.  At  present  their  merchandise 
is  shipped  to  Boonville  by  river,  and  thence  wagoned  an  average 
distance  of  180  miles.  A  railroad  would  quadruple  the  tonnage  to  be 
transported  to  and  from  this  district,  one  of  the  most  fertile  in  the  State, 
and  draw  trade  from  Arkansas  to  the  south,  and  the  (present)  Indian 
country  to  the  west. 

I  have  not  attempted  to  consider  the  business  over  these  roads  after 
connection  with  the  Pacific  Ocean. 

The  business  then  must  far  exceed  any  estimate  that  could  now  be 
made. 

Very  respectfully 

THOMAS  S.  O’SULLIVAN, 

Engineer. 


STATE  OF  MISSOURI. 

Extracts  from  the  Census  of  1850,  showing  the  population  and  the  principal  agricultural  products  of  the  country ,  lying 
within  twenty  miles  on  each  side  of  the  South-west  Branch  of  the  Pacific  Railroad. 


62 


j  •pojaiqgneis 
'sjeuiiuB  jo  9n(ex\ 

Doll’s. 

SSSSSSSS!88  =  3S?SSS8!5ISSSS 

ost-xt o  ri  -  o  ci  -  a  v  k  x  »  5» 

x«soaiet'rt«i'MSU5inoxN!J»o- 
O  —  O*  C*  rHW  00  —  —  —  — 

CO 

© 

CO 

•sajnpEjnuBjvf 
omofi  jo  oniBA. 

£ 

o 

Q 

12342 

2706 

4997 

14667 

989 

11459 

4676 

9012 

114)9 

17802 

6281 

4370 

108797 

5220 

8585 

19500 

2729 

2066 

10956 

13249 

d 

s 

£ 

•iauoH 
pus  XBMsaag 

r. 

£ 

s 

1 

•iBH 

1 

SSSSSSSgSSSggfcSgg&gg 

OnfJt  H  -  ®  — 

1 

CO 

•jajma 

m 

£ 

CCODCJrtOl-^XO^C^-O'NXiCOO-C 

i";  e:  c  r  ’f  'N  c  c  r.  -r  ^  m  ■»?.  x  {'  c  r - co 

o  m  r:  *r  ^  ^  c  r.  ^  (N  c  -  o  o  c  r.  -• 

CO  d  ^  wo  i-O— iCOCOCOd^O-^dd  ^  d 

CO 

1 

aio 

•spjBqa 

-JO  jo  sjonpojj 

03 

Q 

—  wof^^ooco^Cii^  —  c©  — «  —  cocooor^^^ 
c  -  n  o  x  c  -  x  x  o  s  c  ^  o  x 

wMw.  C  OOOCO^^  ^(^Or^GCCOCOC^GDQO 

§ 

1 

•S90]BJOa 
qsuj  PUB  199Mg 

J3 

ai 

3 

CS 

a  co  — «  ao  co  r.  o  ^  o  o  *>o  c  ^  x  ^  *o 

- cocoaooir^aowrcioc© 

0c5^^-x-c^rci^'tc5«^-(rtxxx 
>  o  -t"  d  ^  go  co  ;©  go  wo  uo  d  ''■r  :o  d 

Cl  *  Tf  1-H 

00 

£ 

© 

•XBU 

o5 

£ 

Ci^GO^cOiCO^C^  ^CliChh  OXWC 

•f  X  :<  rr  X  ’>5  ’T  Ci  2  CCX--  X^H5 
d  co  wo  occitj'X  ^  lo  ro  ^  d  -<  co  — * 

O  CM  O  CO  O  t-  —  CO  d  d  — < 

& 

CP 

•oooBqox 

.3 

—  OiflM^OfflS-  OOt-OW®®  —  ©O© 

ff»  r  j)  t-  x  -  sasn  - 

OOCO  aOOI>iC®M!NC*<HOO»rtO:=t~Oin 
p  Of-®  —  MW  — — i 

CO 

d 

00 

•6WO 

S 

MOOOOff)  —  00  —  00<NWJ>0C®t-Mt-Waoa0  = 
0  =  M.'>'J'n'9'XI'®t'X0e0Xi.'5  3-3 
-of't'MXKiocn-'ot-f — rXLisnji 
?icc.x^^r.^xcc5ox5:hxrh-u': 

i>  — <  ^  ro  co  *-« d  ^  *—  co  cm  gc  ho«  co 

£ 

Ci 

•OJOO 

JS 

3 

— 

XhNCXCXCOXXChO't’fCC.Oh 

d  t-  r-  o  co  co  ©i  Cl  CM  ***  ^  o  x  t-  c*  -o  ©i  cc  —  ci 

r^CL'rt - ^©ioaoaowococidaowowocodwo 

—  jj  c:  c  c  h*  x  c  c.  ^  -  o  wo  wo  co  d  rt*  co  co 

1  d 

S 

1 

or > 

£ 

|  —  m  c*  —  i>  ——1 

O 

S 

•jB9qxY\ 

"35 

= 

CQ 

C-HiOOCOC»SO^X«CfflOC5(N 

ChhX(^i.';C.O<C-*-hCXhQOCJ--h 

Q-<OrtCWX-CC5»fl®COXX^*H-^-» 

—  QCh  -  CM  —  W0  ©i  ^  CO  d  —  Cl  Oi  C  Cl  ©  »0 

wo  Cl  ^  *-4  CO  ^  ~ 

t'* 

g 

g 

•loo  M 

r. 

-D 

VC»  -  0’T,'*dt^OWOdiO*0>*r<^©i:OWOdCO 

-  r.  -  ^  a  ^  ^  c»  ^  ^  m  -  c  c  «  c 

OC^-rtX^C^^CO't^C^-CO^CX 

©id^d^^^aoco^rwocogidwo-^-^r^co 

s 

CO 

CO 

CO 

•oniMg 

6 

z 

c;  h-  o  c  C  CO  -M  X  «  c  ^  W  X  C5  ^  C.  C  CO 

gxSggggigsjpsjsgjsssssggj? 

-ifOi.Hfltxortnsm'ti'O  —  t'W 

wo 

1 

•dooqg  | 

-  i 

i  i 

hh:^-.^-^-cioc®xooc-c;c 
t'^cxsnxt^cco^o  -  d  wo  —  wo  ^  co 

OiOC5Ct^C^rMOX^OOCOii:^ecOC3iO 
®--®  WS.TPMO,,*-®-®,®  <*- 

ot 

Ci 

l® 

r- 

os^naxo^epun 
‘S9S8B  ‘sasjoq 
‘smoo  qoai  ‘9[ij«o 

© 

£ 

SS!SSSeS222g8ggSSSSS2S 

CIOCOCOlX-^CNClX^CCCOOOiCOCM^ 
^CMCOOr-OOCOCOWOCOCOdOCM^QO  — 'OCO 

i 

•XJ9aiq9Bai 
pas  6qni9idaii 
SaiauBjjo  9QIBA 

m 

oxc^c;-'  dt^aooDco-<*dwo©i-t<i^ac©iwo 

CO  d  —  ©i  00  CO  CO  CO  d  WO  ©i  u0  WO  O  d  O  CO  X  t- 
X  ^  C  1 o  ^  1/5  CO  C  O  ^5  C  C  O  C  ^ 

wo  i— i •  CO  Cl  »-h  T— i  1-4  «— 1  1— ‘  CM  »— < 

s 

1 

| 

•sauBj 

s 

5 

OLO--,OX«C^-rtrtCO«rt(MiCOC^ 

C©OW0W0d7*ddd©iW0l' - ^5  X  f'  X  h  '  X 

c»®oocciifl(MOv«®oOHCo^^ic: 

cp 

1 

s 

ni  puB[  jo  egjoy 

| 

•3 

^COWOOdOCOddWOOCCO^COdOCOCOWOCi 

i-  c  ^  r:  o  c  o  -  C5  -r  -4^  X  t'  ro  c 

c  t-  c  l*  o  o  r.  -  co  *f  x  —  co  c  cn  -  x  o 

d  WO  ©i  —  dwOwO©3w©©iWO  —  COXXdd^t^ 
^  d  *-H  O  1-H  ^ 

s 

d 

•aopBindoj 

-D'NO  tp  —  —  ©*  —  ©»  =  M  —  SW  TP  — 

S3 

S 

CO 

•89(101  X|09MJ  I 
aiqpM  a,uodoJd  | 

s'?  77=*?  =  77=3  =77  =  7 

3  S')  -H  TP  —  S0  4i3H*N-  R-+»«t*3  —  —  R  *P 

>. 

a 

1 

« 

o 

M 

= 

3 

z 

Franklin . 

Gasconade . 

Washington.... 

Crawford . 

Osage  . 

Pulaski . 

Miller . 

Camden . 

Laclede . 

Wright . 

Dallas . 

Polk . 

Greene . 

Taney . 

Barry . 

Lawrence . 

Dade . 

Jasper . 

Newton . 

McDonald . 

'he  foregoing  Table  comprises  all  the  articles  enumerated  in  the  U.  S.  Census  for  1850,  except  Barley,  Buckwheat,  Produce 
of  Market  Gardens,  Cheese,  Grass  Seeds,  Hemp,  Flaxseed,  Silk  Cocoons,  Maple  Sugar  and  Molasses. 


NORTH  SIDE  OF  MISSOURI  RIVER. 


63 


IS 

£ 

to  2 

.gg 

'TS 

s 

e 

§  ^ 
«0  *- 
to  3 


•« 


II 

Ife 


8  § 

•g  -s 

§>r 

i* 

$$ 


is 

1  C 

•X  to 

«  •§ 

»H  g 

to  ^ 

«-si  <*> 

■*o  ;*> 

•g  ^ 

§  *© 

©  ~ 
h«S  .2 
o,  § 

°  o 

iO  M 

2  - 

it 

•2  s 

3  J 

1^ 

to  ®* 
r<  to 

^  ^  to* 
£  «0  © 
5  .  M 

o  *8  £ 

Sitl 

"to  S  o 

8  O  v 


‘paiajqSnBiB 

8[BUIIUB  JO  »n[BA 

Dolls. 

r'Mt’TrOJCCV- 

^OOOCD^^CSJ 

a»  ec  c©  w  c©  c©  co  w 
h^OrOiOJiOO 
cc^  —  toc^df-c© 

U 

CO 

:5 

co 

•ajnppjnuBtu 
aoioq  jo  an^^ 

o 

a 

3377 

11311 

9741 

29819 

14715 

10(153 

25557 

21071 

d 

CO 

d 

Xauojj  7?  x,soag 

rn 

£ 

Oi(OVOlOi-iCrr 
d  ^  05  05  ^ 

m 

o 

c/j 

ao 

•Xbr 

O 

<Jj  -  O  4—  O.  4**  O 

vncowo®w 

©5t'-coi-C5<'Te~Tj« 

CO  i-«  d  -H 

d 

ua»ng 

CO 

Ch(Nr*-iO^^ 

U*5  o  in  (N  ^  Tf  x  Cl 
OC5-CWOOC5 

001000220  —  *rco 

■<T?CC0«©«05C0 

Ct 

m 

05 

•BpJBqo 

•JO  jo  s:pnpojj 

ao 

O 

a 

7602 

2419 

16(»3 

10969 

7434 

2515 

15484 

2543 

§ 

s 

m 

•S80JBJOJ 
qsuj  puB  iooMg 

3 

M 

12791 

15971 

7250 

19197 

8745 

4610 

21499 

21122 

2 

•xbij 

JO 

r~  —  rotocot'-t'-ao 
oo»«'«cr-^-co 

O  d  CO  CC  CO  d  t'-  — 

»-  co  rr  ao  ao  d  co 

co 

to 

TO 

o 

•oooBqox 

\ 

ca 

-O 

S§25xo^3 

(^or-55^-^- 
rr^dtocodcoco 
oo  co  —  —  d 

^  CO  >C  d 

d 

ao 

•8JBO 

J= 

CO 

3 

CC 

co  — 

v;  ^  -  H  CJ  O 

QOaOQWd'MCOO) 
tn(^^00C<CO5C 

’^ko^cow'^rooio 

i 

1 

•UJOO 

Bush’ls 

OOWC5C5  VCC- 

WIOOQO  OGDOf 
cccoooo-t-^ 

dCOdCO^dCOt'- 

| 

o 

c- 

•aXg 

1 

1  X  05  'O  75  to  r:  £  (N  1 
tO  ^  i"-  05  ^  d  —  00 

I  -«o«^2  | 

l  s 
Is 

•?BaqM 

3 

CO 

co  ©  d  o  —  Cl 
—  ^  r-  jr  -  o  c*  to 
35iOWWOtOO- 

co  — ■  to  d  —  ^rio 

00 

CM 

CO 

*l°°M 

,£ 

8411 

17090 

12417 

42014 

22408 

909J 

33169 

23914 

to 

oo 

co 

•duiojj 

a> 

C 

o 

©’'ri^eoao^aod 
d  —  m  *r  c:  ^ 

—  O  Hh--h 

s 

s 

•auiMgpoBdaaqg 

© 

Z 

re  —  ao  -n  d  ^  co  r- 

inr-rrcocjoor-^ 

iftVQDhTJhiO- 

co  o  *c  ^  co  io  » 

—  d^^df-^COd 

35 

§ 

d 

d 

•07p‘8MOO  ‘H,XO 
‘8,ltlUI  *8(88B  ‘SO 

•sjoq  -|oiii  l3|ii«f) 

6 

Z 

Tj'COCOCOOO^asd 
C-»C05  0«fC«-0 
CO  to  ^  ^  to  1C  C)  o 

2 

05 

00 

‘Ajouiiiohui 
puB  Sltui9[duil 
^iiiuijbj  jo  an[B^ 

00 

'o 

a 

v-w^rcoo  -  00  4- 
TfOtO'X-OCOJ- 
lO-tcc^cior- 
od  ^  r:  05  co  ro  ic  io 

Tji^WiOCOd®^ 

X 

»o 

g 

•sniJBj 

at  puB|  jo  sojoy 

s 

B 

490231 

85515 
39148 
165371 
72984 
42466 
114 129 
49901 

s 

m 

ao 

s 

•d 

*a 

S 

r  ®  ^  O  o  00  -T  X 
Tt-t-rccox-ccd^ 

1C  —  o  rr  co  ir.  to  (- 
ONhOi  —  ior-i^ 
dCO*—  —  oco 

o 

to 

r- 

^5 

C5 

d( 

norjBpidoj 

drcoodt  co  x 
QD«OO5r-C5»O*si0CO 
nxoMCJ^'Nh 
-^locoouocoaoco 

05 

m 

m 

00 

•pBojjo  -situ  ns 
uiqjiM  u.iiJodojj 

3-5 

all 

3-5 

3- 4 
2-5 

1- 3 

4- 5 

2- 5 

Counties. 

St.  Charles . 

Warren, . 

Montgomery. . . . 

Callaway . 

Boone . 

Ray . 

Clay . . 

Platte  . 

(Total,  N.  of  riverj 

The  foregoing  Table  comprises  all  the  articles  enumerated  in  the  U.  S.  Census  for  1850,  except  barley,  buckwheat,  produce 
of  market  gardens,  cheese,  grass  seeds,  hemp,  flaxseed,  silk  cocoons,  maple  sugar  and  molasses. 


SOUTH  SIDE  OF  MISSOURI  RIVER. 


64 


§  fb 

as 

ss  ^ 

3  i 

CO  P-* 

iJ 

I  § 

©  <4J 

§L  *» 

If 

.©  -S 

£  ^ 

®  © 

»*o 


<55  S 

^  g 

* 

.©  5^ 

e  .1 

0? 


s 

?w 

*• 

a,  s 

<li  ® 

-<  U 

K  ’ 

*§^ 
o  „ 


„  S 

o  o 

o  N 
00  . 

X55 

8  | 


s®5 


=o 
© 
M 

P  ^  §s 

v  e 


©  s  © 
©  p  -*s 


•pajajijSnms 
sjkuiiub  jo  an|BA 

Doll's. 

OCOCC--OOlOIQOO'OiT5(N3QOCD  1 

JOQOOrWh^^iOO^iC-Orj'i' 

^  CIO*  rH  rH  ^^WOONQO 

!  482582 

843280 

86234 

i 

8 

•ajiHOBjnnBUi 
auioq  jo  anjBA 

o 

MC«O«C*O'N3(?lCJ'Na:fCQ0C,53 

X)iCT»*Tj-r-r*^O^Cir-r:coc^35  x 

05^t^OQ03(NP:C0W«0  -  05  (M 

rH  -* 

X  1 

sl 
2  1 

Cl  X  s 
CO  05 

£  3  1 
§  1 

o 

1 

CO 

•ifauoH  x.saag 

i\ 
~  1 

824 

90 

249 

470 

570 

8495 

1304 

6277 

3671 

2064 

12964 

30765; 

14557 

12153 

2910 

4553 

=  1 
2  1 

COCO  I 

lO  o  1 
VO  C5  I 

2°  1 

05 

8 

2 

•XbH 

1  i 

«Wl^TPOP:C5M3C5'Nt-^CiOO  1 

iO(N-  —  CO  **»•  — .  ono  -  l^fVOCOOi 

acc*-<rco~co— '(NOJtOtoojojaDcor- 

S| 

n  j 

CO  05  I 

552  1 
1 

05 

05 

CO 

i 

O 

3 

•Jajina 

,! 

£l 

ffl®!coiS'M3icoonooooo«®M  i 
TO  CT.  lO  "N  tO  50  (O  OJ  -J<  Irt  —  W  05  t-  >0  1 

!Oinio«ni'-aoQOio--‘MiN»  i 

(noooioo - n  oi  os  n  <m  — <  —  n  os  | 

OMint-ni1-  —  seccr-ow  | 

o  1 

s  I 
00  1 
05  1 

lO  OJ  I 
t-  00  1 

®  «  I 
2^  1 

‘spieqa 

-JO  jo  sjonpojj 

•II 

Q 

ao  co  co  ao  ao  vo  cot~ccaocor'-^-covo  1 

o*  co  35  co  ao  lO'N^wcooJOi  -  r-  1 

00  v«  CO  OJ  —  ©  CO  CO  CO  O  05  —  05  iO  vO  1 

vft  -H  -r  OJ  O'VOI 

3  1 
5  1 
"  1 

oi  r-  | 
CO  Ol  1 
Tj*  X) 
vO  o? 

00  05 

8 

g 

1  co 

CO 

•saojejoj 

qsiJi  pue  jaaMg 

1 

20011 

8316 

8601 

14671 

5823 

5568 

1289 

1332 

1575 

2924 

17118 

8471 

11483 

25351 

11114 

24575 

CM  1 

ci 

S3  1 

2  1 

5  05  I 
3  o  1 
1 

•XB|J 

(NOfOlO^WiO-JIQOCrpO-W  1 

(-OW-OiOiOt^W  lO  «  ^  f  <3  ^  I 

lOHr^lO'VW  rH  ^  d  O)  t*  H 

III 
«  1 

«  o 

o 

8 

vn 

o 

•ODOBqOJ, 

.£ 

“iftOOQOClC*^  3  ©  ~  ©  © 
tO  CO  »0  VO  t-  —  J>  CJ-'NOOOIOCI 

•»*  «  CO  H  Irt  o  00  O  C  3  «  00  lO  3 

lO  —  ^  CO  05  rH  r-  O  —  4^-05  0® 

c*  ^  m  O  C*  CO  CO 

vO  ^ 

CO  1 
8 

s  | 

1 

to  co 

1 

S  1 

|S 

ll 

1  °0 

1  o> 

•SJBO 

(fl 

3 

cc 

(MOC03«WWt(N05'Xvrti0O»0W 

GO-OCOiOOGO-O'O-’^-’T-CO 

CCVOvOt-CiiOOiCOOUOr-CIOTOCOCO 

M-WMi0^f*WOCC(N05  05^XH 
irtiHCOTTOI  CO  rH^,HCOGCOO(NO(^ 

1 

s 

CO 

00 

lO  F*  | 
CO  CO 

05  00 

^  no 

,53 

1 

N 

r- 

iO 

•UJOO 

J2 

ca 

»r.CO  ^CC^CinOICOCO-r^^O^^ 

O^JO^'rCC5COCOCQOO)Wr--0 

-C0OH^V05--®^X't0005H 

t^^co“ooococr-icioo5^roo 
-dc*o»ovco^»rtco)^-cirfco 
^  —  C<  O*  lO  V  lO  C5)  W  05 

?  1 
3 

s 

VO  1 

8721306 

668210 

1  CO 

GO 

CO 

&> 

ii 

i  «;dMa  ioo;5nmo  «n 

cc  —  uo  --  o>  'j<  w  ao  n  >n<o  <h 

ct.c*  —  -i  inwr.- 

1 

o»  1 

r?s 

ISoS 

Is 

•jwaqAV. 

3 

'  cc 

ooxc<wwOrr-^C5aDo  :  co  3  io 

Or-CO-O^CC-CJiOOJiOCOOCO^CO 

LO  cc  50  OJ  O  -  O)  ^  ^  CO  3  O  CO  O  7j' 

—  ro - ^c*rHC*ao«Q'Moo>Tr<o 

Tr  f-»  CO  —  VO  G*  CM  Ci  ot  VO 

3 

3> 

rj* 

?  w 

CO  ^ 

3  00 

8® 

05 

3 

05 

00 

t- 

qooA\ 

J3 

-t-wtoai(oe«o>i'SCito(Mi)>^ 

-aonoie-oc«i'-nix-at;2{ 
oc^oi  —  •^,  =  in-3<  =  —  3iioin2’®2 
m?ocs-9«ao  —  (neo«-3*^— ^522^^ 

_ 1  ^  mm  NWN'fStn 

O 

00 

o}  in 

r-  co 

CO 

Tj« 

CO 

t- 

o 

S 

“co" 

Tt* 

ss 

•draan 

CO 

O 

-.eJoiost^N-1 

«-«  —  -s*  ^  m  ^  —  «o 

Mffl  — •  CQ 

i  c> 
no 

LO 

1  CN 

oati«g  pue  dooqg 

d 

55 

a,  <-HGOf»'noDOico 

njnjr'S'-Q0^>Trt-coin35Q0O»n>O5a) 
coco-^toinoo-ji'MccnJ  :oo-®  = 

c^ofCJ^fNcj'^cn^oDcn  x;  os  a>n 
oj  co  m  »n  'r 

rf 

2 

C 

« 

CO 

CO  00 
05  rr 

OJ  io 

3” 

3 

s 

•0"5>  ‘SMOO  ‘113 

-xo'sjnui  ‘s.sge 
‘sasjoq  in  ‘3HJB0 

6 

2 

•c  -  OIPTjWI'OOOOCl-'t-iCRM 

cm«o«,)'®inacinoot'iiHQO 
-rsiai-aiM  -  -n  —  sif-o;C5Cf>-»in 

^^oscsioi-iNMUinnn^ 

o 

1 

LO  ^ 
CO  05 
vO  — < 
Q* 

§ 

S5 

•Xjaaiqaecu 
pue  si.raaidcui 
^uioijbj  jo  a  op?  a 

ai 

O 

to— *^^vO‘CO(^f^  —  CO  lO  o  lO  io  lO 

cctccmvo  X'  rH  »o  —  ov'TJco^)  —  r-  ao 

0XHCOCOCiCCOVO'f-OC5  3  CO'as 

r^cococo  —  ?o  r  x  c  lo  v 

— *  •—  CO  — ^  •  — •  t'-  iO  CO  GO  CO  X) 

Cl 

B 

1  co  r- 

CX  rH 

—  CO 

05  — 

CO 

Tf« 

8 

O 

•suuej 

ut  paej  jo  88J0V 

■o 

s 

a 

137015 

24675! 

37674 

70204 

19371 

32886 

10965 

16935 

14316 

27983 

118161 

105915 

91545 

153888 

86187 

129688 

CO 

r- 

F* 

S 

§3 

CN  h 

CO  O 
C5  Ot 
CO 

1  CO 

s 

3 

1 

•d 

cu 

s 

<sanoen®'tof'Cio(NO®o> 
MOffiint-t-r.®.  :®  =  HT0®- 
—  Ts-si-^raioco  —  ao-^wo.-aoanto 
■fai-®OMn®ina-'-a"5  c» 
n  — i  ®» « i—  m  'j'  -r  t-  co  -s' 

io 

1 

O  Cl 
—  00 
—  05 
rr  ^ 
CO  r- 

§5 

§ 

•uoneindoa 

b.^aoeo(N=>'r3«ins?5-0'T  =  =5«i'=j 

—  cn0»c»»^O5  =  —  —  ®««oj2®3 

DR0ffl®l'0SCh-*'l"-«00 

aocolnso<^^©*l-Hl-l-».-!o^-ln<^^cO''i, 

00 

(M 

O 

C5 

00 

00 

od  r- 
VO  05 
r-  rr 
CO  o 

13 

IS 

1  w 

■peoj  jo  -s|ui  05 
iuqjtMa,ijJodoJf| 

1  VOCO^^^VOiOtOIOW^  —  — 

1  4*fNco“5coco-i  —  *  rt's'3 

1  i 

Mi 

CD 

a 

3 

o 

Franklin . 

Gasconade . 

Osage . 

(’ole . 

Miller . 

Morgan . 

Benton . 

Henry . 

Cass . 

Saline . 

Lafayette . 

Johnson  . 

Bettis . 

Cooper . 

Moniteau . 

Jackson..., . 

II 

h 

1  cn 
7 
o 

T.  excl.  St.  L.co. 

St.  Louis  co . 

• 

CD 

-3 

2 

5 

Cz,  | 

The  foregoing  Table  comprises  all  the  articles  enumerated  in  the  U.  S.  Census  for  1850,  except  barley,  buckwheat,  produce 
of  market  gardens,  cheese,  grass  seeds,  hemp,  flaxseed,  silk  cocoons,  maple  sugar  and  molasses. 


65 


EXTRACTS 


From  the  U.  S.  Census  of  1850,  'partially  showing  the  principal  agricul¬ 
tural  products  of  that  portion  of  the  State  which  will  be  tributary  to 
the  traffic  of  the  Southwest  Branch. 


First  Division. 

Second  Division. 

Third  Division. 

No. 

per 

squ're 

mile. 

pr.  ac. 
impril. 
land. 

No. 

per 

squ’re 

mile. 

pr.  ac. 
imprd. 
land. 

No. 

per  1 
squ’re  i 
mile. 

pr.  ac. 
imprd. 
land. 

Whole  area . sq,  miles 

Acres  improved .  No. 

Population .  “ 

Corn  and  Oats .  tons. 

Wheat,  &c.,  &c .  “ 

Horses  and  Caitle .  No. 

Sheep .  “ 

Swine .  “ 

Mean  dist.  on  Br.  R.  R.  miles. 

4260 

72200 

19200 

27453 

4054 

37710 

20540 

58500 

54 

17 

4.50 
6  44 
0.98 
8.85 
4.82 
13.73 

0.27 

0.38 

0.06 

0.52 

0.28 

0.81 

8680 

189700 

44700 

88610 

8141 

10H920 

67340 

137600 

168 

21.85 
5.15 

10.20 

0.93 

11.62 

7.76 

15.85 

0.23 
0.47 
0.04 
0..  3 
0.35 
0.72 

6510 

139900 

32200 

56114 

7327 

71404 

37480 

81900 

264 

25.40 

5.85 

10.20 

1.33 

12.90 

6.80 

14.84 

0.23 

0.40 

0.05 

0.51 

0.26 

0.58 

POPULATION  OF  MISSOURI. 


1820 

1830 

1840 

1850 

66,586 

140,455 

383,702 

682,043 

1852 

724,667 


The  population  of  Missouri  has  thus  nearly  doubled  every  ten  years. 
At  that  ratio  of  increase,  the  State  will  contain  in  1860,  over  a  million  and 
a  quarter  inhabitants. 

Area,  67,380  square  miles. 


Estimated  value  of  the  real  and  personal  estate  of  the  inhabitants  :  * 
1850,  1852, 

$137,247,707.  $150,972,477. 


Nearly  $210  to  each  inhabitant. 


ESTIMATE  OF  MANUFACTURES. 


Value  of  raw  material, 


Capital  invested, 


V alue  of  annual  products, 


$12,408,457. 


$9,194,999. 


$24,250,578. 


*  These  estimates  are  taken  from  a  communication  of  the  Secretary  of  the 
Treasury,  recently  published.  Ex.  JDoc.,  No.  112,  32c?  Congress ,  1st.  Session ,  1853. 


66 


SPATE  DEBT, 

$357,000 ;  of  which  8255,000  will  be  paid  off  in  May  and  June  of 
this  year.  This  debt  was  mostly  created  for  stock  in  the  Bank  of  the  State 
of  Missouri ;  of  which  stock  the  State  holds  $960,000,  and  receives  on  it  a 
dividend  of  ten  per  cent,  per  annum. 


POPULATION  AND  GROWTH  OF  ST.  LOUIS. 


Years. 

Population. 

Decennial  Increase. 

Ratio  of  Increase. 

1820 

4,598 

1830 

4,852 

1,534 

30  per  cent. 

1840 

16,469 

10,617 

180  “  “ 

1850 

82,742 

66,273 

400  “  “ 

1853 

100,000,  estimated. 

STEAM  MARINE  OF  ST.  LOUIS. 


No.  of  Steamers. 

Tonnage. 

No.  officers  and  crew. 

131 

31,838 

2,340 

Passengers  carried. 
367,793 


The  following  remarks  are  extracted  from  the  public  document,  pub¬ 
lished  by  Congress,  above  referred  to,  p.  727  : — 

“ST.  LOUIS,  MISSOURI. 

“  Lying  upon  the  bank  of  the  finest  river  on  the  continent,  in  latitude 
38°  37'  28"  north,  and  longitude  90°  15'  30"  west  from  Greenwich,  and 
backed  by  untold  acres  of  land,  rich  in  all  the  elements  of  agriculture,  for¬ 
ests  and  mines,  which  may  be  made  tributary  to  her  commerce,  St.  Louis 
is  entitled  to  important  consideration  in  the  investigation  of  commercial 
affairs  on  the  western  rivers.  Having  already  reached  an  enviable  posi¬ 
tion  among  her  sister  cities,  she  is  looking  westward  with  a  system  of  rail¬ 
ways,  intended  not  only  to  bring  all  the  rich  agricultural  and  mineral  treas¬ 
ures  of  the  Missouri  basin  into  her  markets,  but  eventually  to  extend  be¬ 
yond  the  Rocky  Ridge  to  the  valley  of  the  Great  Salt  Lake  and,  still 
farther  onward,  to  the  golden  shores  of  the  Pacific  Ocean.  Though  these 
ultimate  results  are  some  years  distant,  yet  a  glance  at  the  accompanying 
map  will  satisfy  any  one  that  a  full  developement  of  the  immense  resources 
of  that  portion  of  the  Mississippi  valley  north  and  west  of  St.  Louis,  and 
most  of  which  has  not  as  yet  been  reduced  to  the  first  stages  of  culture, 


67 


but  must,  sooner  or  later,  pay  its  tribute  to  the  trade  and  commerce  of  St. 
Louis,  will  be  sufficient  to  gratify  the  most  sanguine  expectations  of  those 
engaged  in  pushing  forward  the  improvements  tending  to  such  an  end. 
Whether  these  railways  are  extended  beyond  the  Rocky  Mountains  or  not, 
therefore,  there  is  a  territory,  belonging  to  the  great  valley,  which  can 
scarcely  avoid  becoming  tributary  to  the  business  of  this  city,  much  larger 
and  more  prolific  in  all  the  elements  of  wealth,  than  can  be  found  adja¬ 
cent  to  any  other  city  in  the  West.  This  fact  alone  is  decisive  of  the  future 
greatness  of  St.  Louis,  provided  she  puts  forth  her  energies  toward  the 
progress  of  the  means  for  the  exhumation  of  the  resources  of  this  country. 
Her  connections  with  Eastern  cities,  through  Cincinnati  arid  Chicago  (and 
also  direct  through  Indiana  to  the  Lake),  are  already  decided  upon  and 
secured  beyond  contingency,  as  will  be  seen  by  reference  to  the  description 
of  canals  and  railways. 

“  This  is  now  one  of  the  most  important  of  the  river  ports.  Surround¬ 
ed  by  an  extensive  back  country  of  unsurpassed  fertility,  well  watered  and 
endowed  with  all  the  advantages  requisite  to  support  a  dense  and  thriving 
population,  St.  Louis  bids  fair  to  become,  at  no  distant  day,  one  of  the 
first  cities  in  the  United  States  in  point  of  population  and  commercial 
wealth.  It  is  situated  on  the  western  shore  of  the  Mississippi  River, 
about  196  miles  above  the  mouth  of  the  Ohio,  20  miles  below  the  mouth 
of  the  Missouri,  its  principal  affluent,  and  40  miles  below  that  of  the  Illi¬ 
nois.  Still  further  northward,  the  Fever,  the  Wisconsin,  and  other  rivers 
from  the  country  eastward,  and  the  Des  Moines  and  Iowa,  with  some  less 
notable  streams  from  the  west,  fall  into  the  Mississippi ;  conveying  the  rich 
products  of  the  extensive  prairie  lands  on  their  borders,  to  the  markets  of 
St.  Louis.  Here,  these  products  are  usually  exchanged  for  merchandise 
and  supplies  necessary  to  the  settlement  and  subsistence  of  a  new  country. 
Many  furs  are  also  brought  down  these  various  streams  to  St.  Louis,  and 
exchanged  for  the  goods  and  supplies  which  constitute  the  stock-in-trade 
of  the  Western  trapper  and  Indian  trader.  Above  that  city,  these  waters 
are  navigable  only  by  the  lighter  draft  or  smaller  class  of  boats,  while  be¬ 
low  it,  the  large  and  splendid  New  Orleans  packets  find  their  rapidly  in¬ 
creasing  trade.  These  facts  involve  the  necessity  of  a  transhipment  of 
almost  the  entire  bulk  of  produce  and  merchandise  arriving  at  St  Louis 
and  intended  for  points  either  above  or  below  that  city,  before  it  can  pro¬ 
ceed  to  its  destination  ;  and  St.  Louis  is  thus  constituted  the  great  receiv¬ 
ing  and  distributing  depot  for  all  the  upper  country  of  the  Mississippi  and 
Missouri  basins.  To  the  vastness  of  this  country,  therefore,  the  immense 
fertility  of  its  soil  and  its  rich  mineral  resources,  inducing  an  inexhaustible 


68 


tide  of  emigration,  does  St  Louis  owe  her  late  rapid  growth  in  population 
and  prosperity. 

“The  city  is  one  of  the  oldest  French  trading  and  military  posts  in  the 
Mississippi  Valley,  and  has  been  looked  upon  for  many  years  as  the  key 
to  the  great  territory  to  which  we  have  referred ;  but,  until  the  last 
twenty  years,  its  progress  was  very  slow.  In  1840,  it  could  claim  hut 
16,469  inhabitants,  whereas  in  1850,  it  numbered  a  population  of  no  less 
than  82,744  souls,  showing  an  increase  of  66,000  souls,  and  an  average 
rate  of  duplication  once  in  four  years.  She  has,  moreover,  grown  much 
more  rapidly  during  the  last  ten  years  than  at  any  former  period.  Thus 
in  1800,  St.  Louis  had  2,000  inhabitants.  During  the  last  fifty  years, 
her  population  has  been  doubled  once  in  nine  and  a  half  years  ;  during  the 
last  forty,  once  in  nine  ;  the  last  thirty,  once  in  seven  ;  the  last  twenty, 
once  in  five  and  a  half;  and  the  last  ten,  once  in  every  four  years.  Such 
has  been  the  almost  unprecedented  growth  of  St.  Louis  from  natural  causes. 
What,  then,  may  not  be  expected  as  the  result  of  the  construction  of  her 
numerous  railways,  now  in  progress  or  projected,  in  connection  with  her 
natural  advantages  ?  The  opening  of  these  artificial  routes,  will  give  her 
easy  access  to  numerous  deposits  of  lead,  iron,  coal,  and  copper  ores, 
within  a  circuit  of  ninety  miles — equal  to  the  wants  of  the  whole  Mis¬ 
sissippi  valley  for  centuries — which  have  not,  to  this  time,  been  brought  to 
use.  The  lack  of  necessary  means  of  transportation  has  heretofore  pre¬ 
cluded  the  successful  working  of  these  numerous  mines,  though  they  have 
been  known  to  exist  in  richness  rarely,  if  ever,  excelled.  The  completion 
of  the  ‘  Pacific7  [and  its  S.  W.  Branch],  the  *  Hannibal  and  St.  Joseph,’  the 
4  St.  Louis  and  North  Missouri,7  and  other  projected  railways  which  are  now 
determined,  will  open  easy  communication  with  these  mineral  regions,  be¬ 
sides  developing  the  resources  of  large  tracts  of  country  second  to  none 
other  in  agricultural  richness.  Owing  to  these  promising  natural  features, 
the  hidden  wealth  of  which  will  be  brought  to  light  and  rendered  availa¬ 
ble  through  these  stupendous  lines  of  internal  improvement,  the  people  of 
St.  Louis  confidently  anticipate  a  continuation  of  their  present  rate  of  in¬ 
crease  during  the  next  ten  years,  when  her  capacity  will  be  equal  to  the 
support  of  nearly  500,000  inhabitants,  when  her  mines  may  vie  with  those 
of  Sweden  and  Great  Britain,  and  her  manufactures  and  agricultural  pro¬ 
ductions,  her  railway  and  river  tonnage,  and  her  aggregate  commerce,  may 
not  be  exceeded  by  those  of  any  other  region  of  the  world.77  Andrews? 
Report  on  Colonial  and  Lake  Trade. —  Cong.  Doc.,  S.  112,  3 2d  Cong., 
1st  Sess. 


69 


Area  of  six  northwestern  States ,  and  land  sold  or  otherwise  conveyed  on  the 
30 th  June,  1850,  and  the  average  number  of  acres  per  head ,  to  the  pop¬ 
ulation  of  each  State. 


States. 

Sq.  Miles. 

Acres. 

Sold. 

Acres  per  head, 

Indiana,  ■ 

33,809 

21,637,760 

20,126,494 

20.36 

Illinois, 

55,405 

35,459,200 

24,009,728 

28.00 

Michigan, 

56,243 

35,995,520 

15,779,770 

40.00 

Wisconsin, 

53,924 

34,511,360 

9,736,704 

32.00 

Missouri, 

67,380 

43,123,200 

15,848,171 

23.16 

Iowa, 

50,914 

32,584,960 

6,072,573 

31.60 

Population  and  number  to 

a  square  mile  in 
and  in  1850. 

the  six  States 

named ,  in  1840 

States. 

Pop.  in  1840. 

Per  Sq.  Mile. 

Pop.  in  1850. 

Per  Sq.  Mile. 

Indiana, 

685,866 

20.28 

990,258 

29.29 

Illinois, 

476,183 

8.59 

855,384 

15.45 

Missouri, 

383,702 

5.69 

682,044 

10.12 

Michigan, 

212,267 

3.77 

402,401 

7.15 

Wisconsin, 

30,945 

.57 

305,538 

5.65 

Iowa, 

43,112 

.84 

192,247 

3.77 

Quantity  of  land  sold  in  the  six  States  named,  for  the  one  year  ending  June 
30 th,  1850,  according  to  official  report. 


States. 

Indiana, 

Illinois, 

Michigan, 


Acres. 

120,998.93 

275,119.48 

48,675.04 


States. 

Missouri, 

Wisconsin, 

Iowa, 


Acres. 

227,000.89 

162,098.87 

112,832.75 


7 


70 


OFFICIAL  ESTIMATE 

OF  THE  NUMBER  OF  ACRES  GRANTED  BY  CONGRESS  FOR 
PACIFIC  RAILROAD. 


(EXTRACT.) 

General  Land  Office,  ) 
May  16th,  1853.  j 

To  Thomas  Allen,  Esq.,  President  Pacific  Railroad. 

Sir  : — 

In  answer  to  your  request  to  be  furnished  with  an  estimate 
of  the  number  of  acres  granted  by  the  act,  I  have  to  state,  that  by  a  care¬ 
ful  measurement  of  the  route  of  the  road,  as  laid  down  on  the  township 
plats  in  this  office,  from  the  maps  of  location  received  with  your  letter, 
the  length  of  the  road  is  found  to  be  three  hundred  and  fourteen  (314) 
miles,  and  the  quantity  granted  will  therefore  be,  one  million  two  hundred 
and  five  thousand  seven  hundred  and  sixty  (1,205,760)  acres,  which  it  is 
believed  will  not  vary  materially  from  the  actual  quantity,  when  ascertain¬ 
ed  by  the  final  adjustment  of  the  grant. 

I  am,  very  respectfully, 

Your  obTt  servant, 

JOHN  WILSON,  Commissioner. 


71 


t 

FORM  OF  STATE  BOND. 


UNITED  STATES  OF  AMERICA. 

$1000,  Bond  No.  $1000,  No. 

Six  'per  cent.  Stock  of  the  State  of  Missouri. 

THE  PACIFIC  RAILROAD  STATE  BONDS. 

Know  all  men  by  these  presents,  that  the  State  of  Missouri  is 
hereby  held  and  bound  unto  the  Pacific  Railroad  Company  in  the  sum  of 
One  Thousand  Dollars,  which  the  said  State  hereby  promises  to  pay  in 
gold  or  silver,  at  the  Phoenix  Bank,  in  the  City  of  New  York,  to  the  order 
of  the  said  Pacific  Railroad  Company,  twenty  years  after  the  date  hereof, 
with  interest  at  the  rate  of  six  per  cent,  per  annum  from  the  date  of  the 
negotiation  of  this  bond  in  the  hands  of  the  holder  (such  date  to  be  en¬ 
dorsed  hereon),  payable  semi-annually,  at  the  Phoenix  Bank,  in  the  City 
of  New  York,  viz. :  on  the  first  days  of  January  and  July  in  each  and 
every  year,  on  the  presentation  and  delivery  of  the  interest  coupons  hereto 
severally  subjoined.  This  bond  is  issued  under  authority  of  an  act  entitled 
“  An  act  to  expedite  the  construction  of  the  Pacific  Railroad,  and  of  the 
Hannibal  and  St.  Joseph  Railroad,”  approved  February  22d,  1851,  a  copy 
of  which  is  hereto  attached,  and  is  redeemable  at  the  pleasure  of  the 
Legislature,  at  any  time  after  the  expiration  of  twenty  years  from  the  date 
hereof. 

In  testimony  whereof,  and  pursuant  to  the  authority  granted 
by  said  act,  the  Governor  of  the  State  of  Missouri  has  signed, 
and  the  Secretary  of  State  has  countersigned  these  presents, 
and  caused  the  Great  Seal  of  the  State  of  Missouri  to  be 
affixed  hereto,  at  the  City  of  Jefferson,  in  said  State,  this  the 
day  of  A.  D.  185 

By  the  Governor, 

- - ,  Secretary  of  State. 

Registered  in  the  Office  of  the  Auditor  of  Public  Accounts,  this 
day  of  A.  D.  185 


-,  Auditor  of  Public  Accounts. 


72 


FORM  OF  COMPANY’S  BOND. 


UNITED  STATES  OF  AMERICA. 


Pacific  Railroad  Company  of  Missouri. 


CONSTRUCTION-BOND. 


Interest ,  at  seven  per  cent,  per  annum ,  payable  half-yearly ,  on  the  first 
days  of  January  and  July. 

Secured  by  mortgage  of  railroads  and  one  million  acres  of  land; 
convertible  into  stock,  and  receivable  in  payment  for  land. 


n  <£ertfftes  that  the  Pacific  Railroad  Company  are  indebted 
to - for  moneys  advanced  for  the  construction  of  their  rail¬ 

roads  with  appurtenances,  and  that  in  consideration  thereof,  the  said  Pa¬ 
cific  Railroad  Company  do  hereby  promise  and  agree  to  pay  to 
or  assigns,  the  sum  of  one  thousand  dollars,  at  their  office  in  the 
city  of  New  York,  on  the  first  day  of  July,  1873,  and  also  interest  for 
the  same,  at  the  rate  of  seven  per  cent,  per  annum,  semi-annually,  on  the 
first  days  of  January  and  July  in  each  and  every  year  ensuing  the  date 
hereof  until  the  said  principal  sum  shall  be  paid,  upon  presentation  of  the 
annexed  interest-warrants,  as  they  severally  become  due  at  the  said  office. 

This  is  one  of  a  series  of  ten  thousand  bonds  of  the  same  character,  is¬ 
sued  and  to  be  issued  by  the  said  Pacific  Railroad  Company,  the  payment 
of  which  is  secured  by  a  mortgage  made  by  said  Pacific  Railroad  Com¬ 
pany,  under  authority  of  an  act  of  the  General  Assembly  of  the  State  of 
Missouri,  passed  December  25th,  1852,  entitled,  “An  Act  to  accept  a  grant 
of  land  made  to  the  State  of  Missouri,  by  the  Congress  of  the  United 
States,  to  aid  in  the  construction  of  certain  railroads  in  this  State,  and  to 
apply  a  portion  thereof  to  the  Pacific  Railroad,”  of  certain  lands  and  prem¬ 
ises  therein  described,  and  also  of  said  Pacific  Railroad  and  the  South- 


73 


western  Branch  Railroad,  together  with  all  their  appurtenances  :  said 
mortgage  bearing  date  the  first  day  of  June,  1853,  and  made  in  trust  to 
Henry  D.  Bacon,  of  the  city  of  St.  Louis,  and  George  W.  Riggs,  Jun.,  and 
Luther  C.  Clark,  of  the  city  of  New  York,  to  secure  the  principal  and  in¬ 
terest  of  said  bonds,  which  mortgage  is  the  first  and  only  lien  upon  said 
lands  and  roads,  with  the  exception  of  a  prior  lien  of  the  State  of  Missouri 
for  a  loan  of  her  credit  for  $3,000,000  on  said  Pacific  Railroad  alone. 

And  the  said  company  further  agree,  that  on  any  day,  after  one  year 
and  prior  to  six  years  from  the  date  hereof,  the  proprietor  of  this  bond 
shall  be  entitled  to  stock  of  this  company,  at  par,  for  the  amount  of  half 
the  face  of  this  bond,  in  part  satisfaction  thereof,  and  to  a  certificate  of 
such  stock,  and  to  receive  a  new  bond  for  the  other  half  hereof  ($500), 
bearing  the  same  rate  of  interest,  and  principal  and  interest  payable  at  the 
same  times  and  place  as  herein  expressed. 

Xu  WLitntnn  OTUjcrcof  the  said  company  have  caused 
this  bond  to  be  signed  by  their  President  and  Treasurer,  and 
[seal.]  their  corporate  seal  to  be  hereto  affixed,  at  their  office  in  the 
city  of  St.  Louis,  this  day  of  185  . 

- ,  President 


■,  Treasurer. 


COUPONS. 


The  Pacific  Railroad  will  pay 
to  the  bearer  hereof,  at  their  office 
in  the  city  of  New  York,  thirty-five 
dollars,  on  the  first  day  of  J uly,  185  , 
it  being  the  interest  to  that  date  on 
their  bond  No.- 
$35. 


The  Pacific  Railroad  will  pay 
to  the  bearer  hereof,  at  their  office 
in  the  city  of  New  York,  thirty- five 
dollars,  on  the  first  day  of  January, 
185  ,  it  being  the  interest  to  that 

date  on  their  bond  No. - 

$35.  - ,  Treasurer. 


■,  Treasurer. 


74 


RESOLUTION. 


(COPY.) 


Office  Pacific  Railroad. 

St.  Louis,  13 th  April,  1853. 


At  a  meeting  of  the  Board  of  Directors  of  the  Pacific  Railroad,  held 
this  day,  among  other  proceedings  had,  the  following  resolution  was  unan¬ 
imously  adopted,  viz.: 

Resolved ,  That  the  President  of  this  Company  be  authorized  to  ne¬ 
gotiate  a  contract,  to  be  reported  to  this  Board  for  ratification  or 
rejection,  for  the  construction  of  the  Southwestern  Branch  ;  and  to  nego¬ 
tiate,  if  possible,  a  loan,  not  exceeding  810,000,000,  upon  the  plan  in 
general  terms  set  forth  in  his  communication  to  the  Board,  of  this  date ; 
and  for  that  purpose  to  execute  a  mortgage  of  the  Pacific  Railroad  and  its 
Southwestern  Branch  and  its  appurtenances,  together  with  the  right  and 
title  of  this  Company  to  the  lands  granted  by  act  of  Congress  of  June  10th, 
1852. 

A  true  copy  from  the  minutes  of  the  Board. 


(Attest,) 


Sam’l  Copp,  Jun., 

Sec'y  P.  R.  R.  Co. 


[seal.] 


75 


EXPLANATION  OF  THE  MAP. 

The  design  of  the  accompanying  map,  is  to  show  the  relation  of  St. 
Louis,  and  the  works  of  the  Pacific  Railroad  Company,  to  the  great  thor¬ 
oughfares  of  the  United  States,  embracing  as  well  the  navigable  rivers  of 
the  West,  as  the  various  lines  of  railway  already  built  or  in  progress. 

The  heavy  lines,  connecting  the  works  of  the  Pacific  Railroad  Com¬ 
pany  with  California,  are  laid,  upon  the  authority  of  maps  in  the  U.  S. 
Topographical  Bureau,  on  routes  now  known  to  be  practicable.  The  con¬ 
nections  east  of  St.  Louis  are  with  works  in  progress,  most  of  which  are 
expected  to  be  completed  within  the  ensuing  year. 

When  the  different  lines  of  railroad  sketched  on  the  map  are  com¬ 
pleted,  or  such  others  as  shall  effect  the  same  object,  the  position  of  St. 
Louis  as  respects  time,  in  relation  to  the  cities  named,  allowing  an  average 
speed  of  twenty-five  miles  an  hour,  will  be  about  as  follows  : 


Days.  Hours. 


rom 

St.  Louis  to  Boston,  - 

2 

2 

a 

u 

New  York, 

-  1 

22 

a 

u 

Philadelphia,  - 

1 

17 

ii 

u 

Baltimore,  - 

-  1 

14 

a 

u 

Washington,  - 

1 

16 

u 

ii 

Charleston, 

-  1 

14 

u 

il 

Mobile,  - 

1 

00 

ii 

ii 

New  Orleans, 

-  1 

04 

a 

ii 

Detroit, 

- 

19 

a 

ii 

Cincinnati, 

- 

14 

a 

ii 

San  Francisco, 

3 

8 

<< 

San  Francisco  to  New  York, 

-  5 

6 

